Many workers are injured during the performance of their jobs. In fact, according to the U. S. Bureau of Labor Statistics, over 2.9 million cases of on the job injuries were recorded in 2015. Other personal injuries arise from different situations that are not work-related. Many of these cases no doubt resulted in negligence claims. In order to win a negligence claim, an injured person, known as the plaintiff, must prove each of the following three elements of the negligence claim in court or in arbitration:

1. That the defendant owed a particular duty to the injured person;
2. That the defendant breached that duty; and
3. That the defendant’s breach of that duty was the proximate cause of the plaintiff’s injury.

Did You Suffer Personal Injuries and Have a Negligence Claim?

If you have sustained an injury and think you might have a negligence claim against your employer or another party, click here Contact Kilgore & Kilgore to connect us. We offer a free evaluation of the facts of your case so you can understand your situation from a legal perspective. The lawyers at Kilgore & Kilgore handle many different kinds of cases, including negligence claims. The attorneys at our firm also handle many other types of claims for on the job injuries. To read a recent blog article about another type of claims, click here Non-subscriber Claims for Workplace Injuries.

Workplace Injury Negligence Claim in Dallas

A negligence claim filed in the Dallas County District Court was settled several months ago. A pipe fitter/welder had suffered numerous personal injuries after part of the lift he was operating struck him in the head and face. The case was Busch v. Sunbelt Rentals, Inc. The worker sued the company that rented the lift to his employer. He did not sue his employer. The worker alleged that the rental company was negligent because it did not properly maintain, service, and inspect the lift.

An Expert Witness Was Employed to Help the Judge and Jury to Understand Technical Issues

The worker retained an expert witness, a metallurgical engineer, to provide an expert report in support of his claim. In negligence claims and other kinds of cases, it is common for parties to engage expert witnesses who proffer expert reports and testimony on technical issues. Expert witnesses are often professors, doctors, engineers, accountants, economists, or others who have specialized knowledge in their field and who are paid a fee by the party that engages them. Expert witnesses are typically deposed in the discovery phase before trial and testify at trial in order to provide explanations of pertinent technical issues.

The Negligence Claim for his Personal Injuries Settled Before Trial

In his lawsuit, the worker sought damages for several different types of expenses he incurred. He claimed damages for past and future physical pain and mental anguish. He claimed damages for past and future physical impairment and disfigurement. He claimed damages for his loss of past earning capacity. He also claimed damages for past and future medical expenses. Before the case went to trial, the case was settled with the rental company’s insurance carrier for $400,000.

A Car Buyer Sustained Personal Injuries at a Car Auction

In a different negligence claim, an action was brought in the Harris County District Court in Houston, Texas. A car buyer was struck by the driver of an SUV working at a car auction. The case was Ghan v. Manheim Remarketing Inc. The car buyer suffered broken bones in his leg. The car buyer sued the temporary staffing agency that engaged the car driver of the SUV and the driver personally. He also sued the operator of the car auction. The plaintiff sought damages for past and future physical pain, mental anguish, and physical impairment. At trial, the jury found negligence and assigned comparative responsibility to all of the parties, including the plaintiff. Ultimately, the court entered judgment for the plaintiff for over $1.4 million.

Reach Out to the Personal Injury Lawyers at Kilgore & Kilgore

If you have sustained personal injuries and think you may have a negligence claim against your employer or another party, click here Contact Kilgore & Kilgore to connect us. We offer a free evaluation of the facts of your case so you can understand your situation from a legal perspective. The lawyers at our firm handle many different kinds of cases, including negligence claims.