Get Answers to Your Defective Product and Medical Implant Injury Questions Here

Many victims are overwhelmed with questions after they are hurt by defective products. We have compiled many common questions about metal hip implants, dangerous drugs, and defective medical devices, and provided the answers on our FAQ page. Browse or search here to learn more about your injury claim!
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  • Can I afford a motorcycle accident lawyer?

    If you sustained serious injuries or incurred significant property damage in a motorcycle accident caused by another individual or entity's negligence, you may be entitled to compensation. An experienced motorcycle accident lawyer can help crash victims aggressively pursue the monetary award they deserve.

    crashHowever, motorcycle accidents often cause injuries that require victims to miss work while they recover. This may trigger a deluge of unexpected medical bills. Under these stressful circumstances, hiring a motorcycle accident lawyer can seem like an unaffordable expense. Sadly, concerns about the cost of hiring legal representation may lead some crash victims to accept settlement offers far less than what their claims are worth.

    Fortunately, victims of motorcycle accidents need not allow financial worries to stand in the way of their pursuit of compensation and justice. Many personal injury attorneys who handle motorcycle accident cases work on a contingency basis. This means the lawyer doesn't collect a fee unless he or she wins your case. When and if they do, they receive a previously-agreed upon percentage of the settlement.

    Not only do most motorcycle accident lawyers not require upfront payment, but studies show that accident victims who hire an attorney often receive larger settlements than those who try to handle their claims alone. These things considered, it's arguable that motorcycle accident victims can't afford to not hire a lawyer.

    Consult an Experienced Motorcycle Accident Lawyer

    If you were hurt in a motorcycle accident that wasn't your fault, don't let monetary woes stop you from retaining the legal counsel you need and deserve.

    If you have questions about a potential motorcycle accident personal injury claim, let McGartland Law Firm's award-winning legal team address your questions and concerns. Our firm offers no-cost initial consultations for new clients. Don't wait! Contact McGartland Law Firm's Fort Worth law office today to schedule a convenient appointment for your free, no-obligation case review.

     

  • What is the difference between an accidental death and a wrongful death?

    cemetaryWhen a loved one is killed, it's imperative for surviving family members to understand their legal rights, especially if they were financially dependent on the decedent.

    Deaths that occur as a result of car, truck, motorcycle, construction, or oil field accidents may not be purely accidental.

    If an accident involves negligence or the intentional infliction of harm, the fatalities that follow may be considered wrongful deaths rather than accidental deaths—potentially enabling the decedent's family (or a representative of the estate) to file a wrongful death lawsuit against the at-fault party. It's the negligence or deliberate harm that sets wrongful deaths apart from those that are truly accidental.

    Was your loved one killed in an accident caused by another person or entity's negligent or intentionally-harmful actions? You may be entitled to compensation for damages. If you're considering filing a wrongful death lawsuit, here's what you should know.

    Accidental Deaths vs. Wrongful Deaths

    To help you understand the difference between these incidents, here are two examples:

    • Wrongful death: A distracted driver crosses the median and veers into oncoming traffic, resulting in a fatal head-on collision. Because distracted driving is a form of negligence, the decedent's surviving family members may have grounds to bring a wrongful death claim against the distracted motorist who caused the crash.
    • Accidental death: While following all applicable traffic laws, a driver rounds a corner, striking and killing a pedestrian walking in the roadway at night. Although the driver's actions resulted in a death, because the incident didn't involve negligence or wrongful actions, the death would likely be ruled accidental. As a result, the family of the deceased probably wouldn't have grounds to bring a wrongful death claim against the driver.

    Essential Elements in Wrongful Death Claim

    In Texas, proving a wrongful death claim requires the plaintiff to do more than simply show that the defendant was involved in an incident that resulted in the death of their loved one. Successful wrongful death causes of action must include the following characteristics or elements:

    • The death in question was partially or wholly caused by the defendant.
    • The death occurred as a direct result of the defendant's negligence, carelessness, unskillfulness, wrongful actions, or failure to fulfill an obligation.
    • The death negatively affected the decedent's surviving family members who are eligible to receive compensation under Texas's wrongful death statute.
    • The death resulted in monetary damages.

    Who Can Bring a Wrongful Death Claim—and When?

    In Texas, the ability to bring a wrongful death action is limited to the decedent's surviving spouse, biological or adopted children, and biological or adoptive parents. Any one of these family members can file a wrongful death lawsuit, or the family members can file the lawsuit jointly.

    If none of the eligible surviving family members have filed a wrongful death lawsuit within three months of the death, the decedent's personal representative can file the claim on behalf of the estate.

    Regardless of which eligible party brings the wrongful death action, Texas's statute of limitations for wrongful death cases requires that the lawsuit be filed within two years of the decedent's death.

    Damages Available in Wrongful Death Cases

    Losing a loved one often deal emotional and financial blows to surviving family members. However, wrongful death claimants can pursue compensation for a wide range of economic and non-economic damages, including:

    • Funeral and burial (or cremation) expenses
    • Lost inheritance
    • Mental and emotional anguish
    • Lost care, support, advice and guidance
    • Lost love, companionship and society
    • Lost consortium

    Do You Need a Wrongful Death Attorney?

    If your loved one was killed because of someone else's negligence, you may have grounds for a wrongful death lawsuit. The award-winning legal team with McGartland Law Firm can help you explore your legal options. Contact McGartland Law Firm today to schedule an appointment for a free, no-obligation consultation.

  • Can a wrongful death claim be brought against businesses or government agencies?

    wrongful_death_lawsuitLosing a loved one unexpectedly is heartbreaking enough without the added insult of finding out their death was the result of another person or entity's negligence. The death of a loved one can be both emotionally and financially challenging for the deceased's family members—especially if they were dependent on his or her income.

    However, when negligent actions lead to someone else's death, the victim's family may be able to file a wrongful death lawsuit to seek compensation from the at-fault party.

    While the parties named in wrongful death claims are often individuals, wrongful death lawsuits can also be brought against businesses, and even government agencies and their employees.

    For example, if your loved one due to a drunk driving accident, a bar or restaurant may be found liable for overserving the negligent driver who caused the crash. If your loved one suffered a fatal car accident due to faulty roadway design, the engineering company responsible for the design and the roadway municipality could both be found negligent.

    If someone you love was killed due to a business or government agency's negligence, you may be entitled to damages. Here's what you need to know.

    Immunity for Government Agencies and Employees

    For plaintiffs bringing wrongful death lawsuits against government agencies or their employees, Sovereign Immunity is a rarely invoked, yet applicable, concept that could throw a wrench in the works and make it difficult to recover compensation. Sovereign Immunity prevents citizens from filing lawsuits against the government or its employees. However, state courts can waive this right, allowing lawsuits to proceed.

    While the state of Texas often does choose to waive its Sovereign Immunity, it occasionally cites the privilege when rejecting cases. For example, in September 2016, the state-funded University of Texas cancer clinic successfully avoided a medical negligence and wrongful death lawsuit brought by the parent of a former patient by invoking Sovereign Immunity. In December of that same year, the Texas Supreme Court declined to hear the case, allowing the rejection of the lawsuit to stand.

    Who Can Bring a Wrongful Death Action?

    Texas has very specific laws governing who can and cannot file a wrongful death lawsuit. Those eligible to bring a wrongful death action include the deceased's:

    • Surviving spouse
    • Biological or adopted children
    • Parents

    Eligible individuals have the option of filing the lawsuit on their own or filing it together as a group. Additionally, in cases where the surviving spouse, children, or parents decline to file a wrongful death claim, the lawsuit can be brought by a personal representative or the executor of the deceased's estate.

    Other Factors That Could Affect a Wrongful Death Claim

    Statutes of limitations are laws that determine just how long someone has to bring a lawsuit against another person, business, or government entity. In Texas, the statute of limitations for most wrongful death cases is two years. This means eligible family members must file their lawsuit against a person or business within two years of their loved one's death.

    However, the statute of limitations for bringing a wrongful death action against a government agency or employee can vary, and is often much shorter.

    Damages Available in Wrongful Death Cases

    Wrongful death plaintiffs can pursue compensation for a wide variety of economic and non-economic losses related to their loved one's death, including:

    • Medical expenses incurred by the victim prior to death
    • The victim's pain and suffering
    • The family's pain and suffering
    • Loss of income
    • Loss of love, guidance and support
    • Loss of benefits
    • Loss of inheritance
    • Loss of consortium

    Additionally, in cases where the defendant's conduct was particularly heinous, the judge or jury may choose to award punitive damages. Rather than compensating plaintiffs for a loss, punitive damages punish the defendant for his or her actions and discourage others from engaging in similar conduct.

    Do You Need Help Handling a Wrongful Death Claim?

    If you lost a loved one due to the negligence of a business, or government agency or employee, you may be eligible to seek compensation. The award-winning personal injury attorneys with McGartland Law Firm can help you make sense of Texas' complex personal injury and wrongful death laws. Contact McGartland Law Firm today to schedule an appointment for a free initial review of your case.

     

  • What are the benefits of using expert witnesses in construction accident cases?

    In construction accident cases, plaintiffs may benefit from having expert witnesses testify on their behalf. This is particularly true if a case involves complicated liability issues, catastrophic injuries, significant medical bills, and complex industry regulations.

    Expert witnesses use their specialized knowledge to paint a clear picture for a judge and jury, helping them understand how and why an accident happened, as well as how the resulting injuries are likely to affect the plaintiff's employment prospects and quality of life. Experts can also provide valuable insight into one of the most important aspects of any personal injury case: liability.

    If you sustained serious injuries in a construction accident that wasn't your fault, you may be entitled to collect compensation for medical expenses related to the accident; wages lost by being unable to work while recovering from your injuries; pain and suffering, and other damages. Testimony from one or more expert witnesses may be able to help you build a stronger claim.

    While there are dozens—if not hundreds—of expert witnesses available, a knowledgeable and experienced construction accident attorney can help you identify which experts could offer testimony most beneficial to your case.

    How Eyewitnesses and Expert Witnesses Differ

    expert_witnessAttorneys and plaintiffs may utilize testimony from two types of witnesses when building or presenting a construction accident case: eyewitnesses and expert witnesses.

    Eyewitnesses are individuals who were there when the accident occurred and as a result, can testify as to what happened. In construction accident cases, eyewitnesses are likely to be other workers on the construction site.

    Though they weren't present for the accident in question, testimony from expert witnesses may be even more valuable. These professionals draw upon specialized knowledge, education, training, or experience to shed light on a specific aspect of the case that relates to their expertise. Because expert witnesses are, as the name suggests, experts in their field, their testimony can carry significant weight with a jury. 

    Types of Expert Witnesses Used in Construction Accident Cases

    The expert witnesses used in construction accident cases can be as different as the cases themselves. However, the most common types of expert witnesses to testify in construction accident cases include:

    • Accident reconstructionists. When the how and why of a construction accident is in dispute, testimony from an accident reconstructionist can be absolutely invaluable. These professionals study a variety of evidence, including photos of the construction site, to determine exactly what happened.
    • Doctors and other medical professionals. Testimony from medical experts is extremely important in cases where the plaintiff sustained significant, costly injuries that may require long-term treatment or ongoing care. Medical expert witnesses can provide juries with much-needed information on the plaintiff's diagnosis, treatment, and prognosis, as well as discuss what, if any, impact the injuries will have on his or her ability to hold a job.
    • Economists. Construction accidents can have severe financial consequences for the injured construction worker, such as astronomical medical expenses, lost wages and—in extreme cases—loss of earning potential. Economists can estimate the overall cost of such losses to help plaintiffs and juries determine the value of the claim.
    • Occupational Safety Health Administration (OSHA) consultants. OSHA is a small federal agency tasked with regulating workplace health and safety. Consultants or inspectors from the agency testify about any regulation violations that may have caused or contributed to a construction accident.
    • Occupational health specialists. If injuries sustained in a construction accident render the victim unable to work, an occupational health specialist may be called to testify. These experts can help the jury understand how a plaintiff's injuries make it difficult or even impossible for him or her to complete job-related tasks.

    Do You Need a Construction Accident Attorney?

    If you were injured in a construction accident, McGartland Law Firm's award-winning legal team can help determine whether expert witness testimony could be beneficial to your particular case. Contact McGartland Law Firm today to schedule an appointment for a no-cost, no-obligation initial consultation.

     

  • If I already gave a recorded statement to the insurance company, can I still collect injury compensation?

    So, you were injured due to another person's negligence and when an adjuster from the at-fault party's insurance company called a few days later, you provided a recorded statement as requested. Now, every legal blog you come across says doing that was a horrible mistake which could potentially affect your ability to recover compensation for your injuries. This can be an extremely unnerving position for an accident victim. However, it isn't the end of the world.

    recordingWhile the prevailing wisdom is accident victims should avoid providing a recorded statement to the liable party's insurance company without the advice of an experienced personal injury attorney, doing so doesn't necessarily ruin a victim's chances for a fair financial award.

    If you gave a recorded statement to the at-fault party's insurance company after being injured in an accident, here's what you should know.

    Why Attorneys Caution Against Providing a Recorded Statement

    Insurance adjusters can seem friendly and eager to help over the phone, but it's important to remember that no matter how nice the adjuster seems, an insurance company isn't on your side. Insurance companies are businesses with the primary concern to remain profitable. One way insurance company adjusters do this is by minimizing financial obligations to claimants using whatever means they have at their disposal. That's where the post-accident recorded statement comes in.

    While a recorded statement purportedly helps the insurance company understand what happened so it start processing your claim, the interview can be packed with leading questions that can confuse accident victims into misspeaking. This might give an adjuster the necessary ammunition to poke holes in your version of events.

    The Potential Consequences of Giving a Recorded Statement

    After obtaining a recorded statement from an accident victim, insurance adjusters often compare that statement to other accounts they've made about the incident, such as those included in the police report or from a deposition in a related lawsuit. If an insurance adjuster discovers any inconsistencies, he may argue the accident—and injuries—didn't occur as claimed. This could lead to the insurance company making a low settlement offer, or denying the claim altogether.

    Ways to Mitigate Problems Caused by Providing a Recorded Statement

    While giving a recorded statement to an insurance company without the advice of an attorney does have the potential to have serious consequences, there are things that accident victims can do to mitigate any problems their statement has caused. The best way to refute inconsistencies in a recorded statement is to build a strong case that supports your version of events. You can do this by:

    • Presenting detailed medical records that document accident-related injuries and their treatment, and include a prognosis and ongoing care plan
    • Providing extensive photographic evidence, such as photos of the accident scene, physical injuries, and property damage
    • Introducing dash cam or security camera footage of the accident
    • Obtaining statements from people who witnessed the accident
    • Hiring a knowledgeable and experienced personal injury attorney to handle your case
    • Gathering statements from expert witnesses who can explain how the accident occurred as well as the effects of the injuries

    An Experienced Personal Injury Attorney Can Help

    Without the help of a knowledgeable and skilled personal injury attorney, accident victims inadvertently make mistakes that can potentially damage their case outcomes—such as providing a recorded statement to an at-fault party's insurance company. Don't let going it alone literally cost you. McGartland Law Firm's award-winning personal injury attorneys can help you fight for the compensation you need and deserve after an accident or other serious injury.

    Do you have questions about a personal injury case? Contact McGartland Law Firm today to schedule a free, no-obligation initial consultation.

     

  • When are punitive damages awarded for car accident lawsuits?

    punitive_damagesAccident victims injured in crashes caused by other motorists' negligence may be entitled to collect damages. These damages can generally be divided into two categories: compensatory damages and punitive damages.

    Compensatory damages are designed to compensate victims for losses incurred in an accident. Unlike compensatory damages, punitive damages—also known as exemplary damages—aren't intended to compensate a victim.

    Rather, their purpose is to punish a defendant for conduct deemed particularly reprehensible, as well as discourage others from engaging in similar conduct. Punitive damages are rarely awarded, except in the most extreme cases.

    In Texas, judges and juries can only award punitive damages in cases where the plaintiff's injuries and losses were the direct result of a defendant's fraud, malice, or gross negligence. This means the defendant must have intentionally harmed the plaintiff or behaved in a way that was so unreasonably reckless, they should have known their actions would harm others.

    Though punitive damages aren't often awarded in car accident cases, they can be. Examples of conduct that could potentially result in punitive damages include:

    • Intentionally assaulting or killing someone with a vehicle
    • Driving with a blood alcohol concentration several times above the legal limit
    • Engaging in extremely reckless behavior, such as "playing chicken" or drag racing
    • Purposefully hitting another vehicle or forcing it off the road in a road rage incident

    In these and other select circumstances, plaintiffs in car accident cases may be awarded punitive damages at trial in addition to compensatory damages.

    Do You Need a Car Accident Attorney?

    If you were severely injured in a car accident caused by another motorist's egregious actions, the award-winning attorneys with McGartland Law Firm can help you pursue all of the damages to which you may be entitled. Do you have questions about your car accident case? Contact McGartland Law Firm today to schedule an appointment for a free initial consultation.

     

  • What are the signs of a defective knee implant?

    Knee replacement implants are touted as being able to offer a reduction in pain, an improved range of motion, and increased mobility for patients suffering from debilitating conditions such as rheumatoid arthritis, osteoarthritis, osteonecrosis, and post-traumatic degenerative problems.

    Total knknee_xrayee replacement surgical procedures are extremely popular, with more than 600,000 performed each year in the United States, according to the Centers for Disease Control and Prevention (CDC). Unfortunately, for some patients who undergo total knee replacements, the promise of an end to chronic pain and a return to a more active lifestyle just doesn't hold true.

    Recently, patients implanted with knee replacement devices from manufacturers such as DePuy Synthes, Zimmer Biomet, Stryker Corporation, Wright Medical Group, and others reported serious complications and unusually high rates of failure. While research indicates implants last for approximately 20 years for 80-to-90 percent of total knee replacement patients, others report problems with their prosthetic joints as soon as a few months after surgery.

    If you've had total knee replacement surgery, here's what you need to know.

    Defective Knee Implant Signs and Symptoms

    Discomfort and swelling that occurs immediately after a total knee replacement—and up to three months later—can be completely normal. However, pain and discomfort that appears out of nowhere or increases in intensity may be caused by something more insidious. Watch for the following signs and symptoms, which could indicate that knee replacement implants are defective or have failed:

    • Severe pain in and around the knee joint
    • Feelings of warmth or heat around the knee joint, which may be accompanied by redness of the skin
    • Swelling and inflammation of the tissue surrounding the replacement knee joint
    • Joint instability, such as feeling like the knee will give way if forced to bear weight
    • Infection in the joint or at the surgical site which may present as a fever, or unusual warmth in the knee joint
    • Stiffness in the joint
    • Severely reduced mobility
    • Limited range of motion

    Revision and Reconstructive Surgeries

    When a knee replacement implant fails, a doctor may suggest a revision surgery that involves removing the defective implant and replacing it with a new one. Defective knee replacement devices can harm the surrounding bone and tissue, and removing the failed prosthesis might cause additional damage. Depending on the severity of the damage, surgeons may have to perform a reconstructive procedure—such as grafting bone, or adding screws or metal wires—before they can place the new knee replacement implant.

    Not only are revision and reconstructive surgeries much more painful, invasive and complex than an initial knee replacement, but they also have lower rates of success. Having revision and reconstructive surgeries also exposes knee replacement patients to surgical risks such as blood clots and infection.

    What to Do If You Suspect Your Knee Implant Is Defective

    Patients who notice signs and symptoms that could potentially indicate a defective knee replacement implant should contact their doctor right away. It's important to assess the extent of the damage as soon as possible. To that end, doctors may order a battery of diagnostic tests, such as X-rays, an MRI, a CT scan and lab tests to screen for infection.

    If the knee replacement failure resulted in significant medical bills, pain and suffering, and other losses, the patient may also benefit from seeking the advice of a knowledgeable personal injury attorney with experience handling defective medical device cases.

    Are You Suffering From a Defective Knee Implant?

    McGartland Law Firm can help those who have suffered complications due to a defective knee replacement device such as the DePuy Attune® knee system or Exactech Optetrak® knee replacement implants fight for compensation for medical expenses, pain and suffering, and other economic and non-economic damages.

    Contact McGartland Law Firm today to schedule an appointment for no-cost, no-obligation initial case analysis.

     

  • How do I choose an oil field accident attorney?

    attorney_with_clientsOil fields can be extremely dangerous workplaces. After a fire, explosion, fall, or other on-the-job accident, oil field workers fortunate enough to survive may still be seriously injured and out of work while they recover.

    The costs associated with being an oil field accident victim can add up quickly. While workers' compensation may provide some relief, not all employers offer the program and, even so, the available benefits are somewhat limited.

    However, when an oil field worker is injured due to another person's negligence, they can take legal action and file a personal injury lawsuit to hold the at-fault party responsible. Circumstances that might require this include:

    • An employer who failed to ensure the safety of the job site
    • A co-worker who was under the influence of drugs or alcohol
    • A parts manufacturer that distributed a faulty component

    While compensation is never guaranteed in any case, working with an experienced and reputable oil field accident attorney can increase a victim's chances of receiving a fair financial award.

    If you're considering taking legal action after being injured in an on-the-job oil field accident, finding the right attorney is essential. Here's what you need to know.

    Review Experience

    When choosing someone to represent you in an oil field accident case, not just any attorney will do. In addition to being knowledgeable about personal injury law in general, the attorney you select should also have experience handling oil field accident cases.

    If you're not sure whether the attorney you're considering has the knowledge and experience needed for your case, feel free to ask questions about his or her legal background. Find out how long the attorney has practiced law, and specifically, how long his or her area of practice has included oil field accident cases.

    Additionally, at this stage, it's wise to find out the attorney's position on settling cases out of court versus taking them all the way to trial. Some attorneys don't do trial cases, only taking on cases they feel can be settled during negotiations. Make sure to find an attorney whose goals for the case align with your own.

    Case Results and Testimonials

    If the attorney has experience with oil field accident cases, reviewing these results can be beneficial. Not to worry—most attorneys are more than happy to share how they've helped past clients. You can also ask to read testimonials from previous clients to see what they had to say about the attorney's services.

    Fee Arrangement

    Most personal injury attorneys—including those who handle oil field accident cases—work on a contingency basis. This means they don't receive a fee unless they win your case. Such an arrangement makes it possible for people who couldn't ordinarily afford an attorney to seek the justice and compensation they deserve. However, some contingency agreements contain hidden fees. Make sure to discuss the fee agreement in detail before signing it.

    Rapport

    Depending on the complexity, personal injury cases can take weeks, months, or even years to resolve. Partner with an attorney willing to extend the necessary time and resources, as well as someone with whom you have a good rapport. Your attorney should be compassionate and easy to talk to, puts you at ease, and whose office makes it a policy to return client phone calls in a timely manner.

    A Seasoned Oil Field Accident Attorney

    If you were severely hurt in an oil field accident caused by someone else's negligence, award-winning personal injury attorney Michael McGartland can provide the attentive and tireless representation you need. McGartland Law Firm can help you seek compensation for your injuries, as well as non-economic damages like pain and suffering.

    Contact McGartland Law Firm today to schedule an appointment for a free, no-obligation initial consultation to discuss the details of your oil field accident case with a legal professional.

     

  • Do I need an attorney if I was injured in a construction accident?

    Construction accident victims who face significant physical and financial challenges may benefit from having the representation of a knowledgeable personal injury attorney with experience handling construction accident cases.

    Construction accident attorneys understand the complexities of personal injury law, and they can help clients injured in construction accidents by conducting a thorough investigation of the incident that caused the injury. Their follow-through ensures that paperwork related to the case is completed and submitted in a timely manner, and they'll pursue all possible avenues for compensation.

    If you were seriously injured in a construction accident, here's what you should know.

    Construction Accident Workers' Compensation Benefits

    For construction workers who were injured on the job, workers' compensation benefits can provide payments for medical expenses and wages lost while recovering from injuries sustained on the job site. Texas workers' compensation program is a no-fault system, meaning that injured workers aren't required to prove their injuries were caused by someone else's negligence in order to receive benefits.

    However, because Texas law allows employers to opt out of providing workers' compensation insurance, these benefits may not be available to all injured construction workers. Additionally, as workers' compensation only provides payments for medical expenses and lost wages, it may not be a sufficient form of compensation for construction workers who were seriously injured on the job.

    When to Hire a Construction Accident Attorney

    In some cases, resolving an injury claim through workers' compensation insurance is perfectly adequate. However, there are instances when hiring a construction accident attorney and pursuing compensation through a personal injury lawsuit has clear benefits, such as:

    • Cases where the construction worker was injured as a result of another person's negligence. If the accident occurred because a property owner, general or subcontractor, or someone employed by another company failed to take precautions to create and maintain a reasonably safe work environment, an injured construction worker may have grounds for a personal injury lawsuit.
    • Cases where someone was injured while visiting, walking by, or passing through an unsecured construction site. Property owners and general contractors are required to ensure that construction sites are safe for lawful visitors, as well as properly secured with signage warning passersby of potential hazards. If site owners and contractors fail to uphold these responsibilities, they could potentially be liable for injuries that occur as a result. Because workers' compensation benefits wouldn't be available to individuals injured under such circumstances, filing a personal injury lawsuit may be appropriate.

    Personal injury lawsuits allow those injured in construction accidents to pursue a wider range of damages than they could receive through a workers' compensation claim. In addition to compensation for medical expenses and lost wages related to the accident, personal injury plaintiffs can seek a monetary award for non-economic damages, such as pain and suffering, mental and emotional anguish, scarring or disfigurement, diminished quality of life, and loss of enjoyment of life.

    worker_and_lawyerAs for when is the best time to hire an attorney, when it comes to construction accident cases, the sooner a victim secures representation, the better. Waiting too long to hire an attorney could potentially damage a construction accident victim's ability to receive compensation for their injuries and other losses.

    Hiring a Construction Accident Attorney

    Not all personal injury attorneys have experience handling construction accident cases. To ensure that the attorney they retain has the necessary qualifications, construction accident victims can ask:

    • How long the attorney's practiced law.
    • How many construction accident cases he or she has handled.
    • If he or she is willing to take the case all the way to trial if necessary.
    • Whether the attorney will work on a contingency basis.
    • If he or she can provide references.

    Were You Injured in a Construction Site Accident?

    If you were severely injured in a construction site accident, the award-winning construction accident attorneys with the McGartland Law Firm can help you pursue whatever form of compensation to which you may be entitled. Contact McGartland Law Firm today to schedule a free, no-obligation initial consultation to discuss your case.

     

  • Can expert witness testimony help my motorcycle accident case?

    While expert witnesses aren't needed in every motorcycle accident case, their testimonies can be extremely valuable in cases in which fault is disputed, or that involve complex technical issues or significant injuries and medical expenses. By describing precisely how the accident occurred and painting a clear picture of events for the judge and jury, expert witnesses can also help motorcycle accident victims overcome the negative impacts of the biases and prejudices they face.

    If you or a loved one sustained serious injuries in a motorcycle accident caused by another motorist's negligence behind the wheel, you may be entitled to compensation for a wide range of damages. A knowledgeable personal injury attorney with experience handling motorcycle accident lawsuits can advise you on which expert witnesses might be beneficial to your case.

    What Is an Expert Witness?

    expert_witnessWhile eyewitnesses testify to what they saw, expert witnesses draw upon specialized knowledge, education, training, proficiency, or experience to provide insight on a particular topic related to the accident. Because these witnesses are considered experts in their fields, their testimonies can carry significant weight with juries. Expert witnesses are particularly helpful in cases where no eyewitnesses were present at the time of the accident.

    Expert Witnesses Commonly Used in Motorcycle Crash Cases

    Experienced personal injury attorneys can usually find qualified expert witnesses in just about any field. However, the most common types of expert witnesses used in motorcycle accident cases include:

    • Accident reconstructionists. These expert witnesses examine all of the evidence related to the motorcycle accident—such as photos of the accident scene, the motorcycles and vehicles involved, and measurements of tire skid marks on the road—to determine how an accident occurred and who or what caused it. Accident reconstructionists can be invaluable when it comes to establishing fault.
    • Doctors and other medical professionals. Medical expert witnesses are essential in cases involving catastrophic injuries, as they can testify about how the injuries occurred, the accident victim's diagnosis and prognosis, and how the injuries affect the victim's ability to work or care for himself. Testimony from medical experts can help juries determine the value of a motorcycle accident victim's physical pain and suffering, and counter defense claims that the injuries were pre-existing or less serious than reported.
    • Automotive experts. Sometimes motorcycle accidents can be caused by a faulty or defective motorcycle or vehicle component. In these cases, testimony from an automotive expert can help motorcyclists prove that a manufacturer or mechanic is responsible for an accident.
    • Economists. Determining the value of a motorcycle crash victim's personal injury claim can be difficult, but economists can help injured motorcyclists estimate accident-related damage such as future medical expenses, lost wages, and lost earning capacity.
    • Vocational or occupational experts. After a motorcycle accident, victims may need extensive time off work to recover—if they're able to return to work at all. Vocational or occupational experts can testify about how a victim's injuries will affect his ability to carry out duties in his current profession, or learn and work in a new job.

    Eyewitnesses Can Also Help Strengthen Motorcycle Accident Cases

    Though eyewitnesses may not have the training and specialized knowledge of expert witnesses, their testimony can still be beneficial if what they saw supports the injured motorcyclist's version of events. Eyewitnesses can provide valuable insight into weather and road conditions at the scene of the accident, and who struck who and under what circumstances.

    Do You Need a Motorcycle Accident Attorney?

    If you were injured in a devastating motorcycle crash, you may need to rely on a financial award from the motorist who caused your accident. However, motorcycle accident victims often face significant challenges when pursing compensation. The award-winning attorneys with McGartland Law Firm can help accident victims obtain testimony from witnesses who are experts in fields relevant to their cases.

    Contact McGartland Law Firm today to schedule an appointment for a free initial consultation to discuss the details of your case with one of our knowledgeable legal professionals.