Workplace Fatality May Be a Wrongful Death Stated Austin Personal Injury Lawyer
Austin, TX (Law Firm Newswire) May 10, 2011 – On the job accidents are virtually an everyday occurrence across the nation. This case demonstrates that personal injury accidents may happen when least expected.
The 52-year-old man involved in this accident was working on a ride at a theme park, when he fell and sustained a severe head injury. The ride in question was closed for maintenance and no one is sure what happened to cause the man to fall. First responders called for a medi-vac airlift to the nearest hospital. While the man made it to the hospital alive; he died as a result of his injuries the day after he fell.
“In any situation where someone dies while they are at work, the U.S. OSHA conducts their own investigation in tag team with the police and the employer. The major questions to be answered here are whether or not the ride the man was working on was defective, poorly maintained, whether something or someone caused the man to fall, whether he was following safe practices while working on the ride and whether or not he was issued any type of safety equipment in the first place,” said Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke, L.L.P.
While the answers to those and other questions will determine whether there was negligence involved, there is a family that no longer has their husband, dad, brother, son and uncle. The family may wish to file a wrongful death lawsuit to seek compensation for the loss of their loved one. Typically, when a family files a lawsuit for wrongful death, they are not doing it because they want to get even with those who caused the death. Instead, they are filing because they have economic concerns about how the family will move forward without the income the deceased provided.
“It is not an easy decision to file a wrongful death lawsuit,” Schuelke said. “In most cases, there is a tremendous sense of guilt on the part of the family. They do not want to be seen as trying to make a profit from the death of their loved one. In reality, the family may face losing their house if they do not file for compensation as a result of the death.” Economically speaking, in many cases, a wrongful death lawsuit is the only thing between a family having nothing to pay the bills and being able to move on with their lives.
“If you are in a situation like this or need advice about a recent wrongful death, I encourage you to call my office and we can discuss your case. Every state has their own rules and regulations pertaining to wrongful death, and I can outline what those are in Texas,” Schuelke said.
Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
[iframe http://www.civtrial.com 100% 500px]