SERIOUS PERSONAL INJURY
Whether at home, on a construction job site, or even in a local office or retail building, machines are present to help make our lives easier and more productive. However, even an office copier, though, possesses the potential to cause injury to an unsuspecting user. Depending on the particular machine, broken bones, amputations/loss of limbs, and head injuries are but a few of the many type of injuries that can result from a machine accident. Machine accident cases possess a unique characteristic in that there are frequently multiple careless parties responsible for the accident. In addition to the machine user, a coworker, a supervisor, the machine’s manufacturer, the individual or company responsible for maintaining the machine, and others may all have played a role in your machine related accident. The machinery accident attorneys at Burnett Wilson Reeder believe a full investigation that identifies all responsible parties is essential to obtaining maximum compensation for your injury.
Note that in Florida your compensation award can be reduced substantially if you are found to have contributed to your own injury.
How to Win a Machinery Accident Lawsuit Machinery accidents are but one type of serious personal injury lawsuit. That means that most cases require you to show that one or more persons were negligent and thereby caused or contributed to your injury. Specifically, most machinery accident lawsuits require you, the injured plaintiff, to produce proof showing:
- The defendant (the other person or entity) owed you a duty of care. That is, you must show that under the law the other person had a responsibility to act in a certain way. Most individuals owe other individuals a duty to act in a reasonably careful manner.
- The defendant breached the duty of care – that is, the defendant did not act in the way the law requires. A coworker not following a company’s lockout/tagout procedure, a company that does not have a lockout/tagout procedure, a supervisor who does not properly train you on how to use a machine, or a manufacturer that produces a defective machine are all examples of individuals or entities that may have breached a duty of care.
- The careless breach by the defendant caused or contributed to your injuries.
- And finally, that your injuries can be compensated with a monetary award.
Note that in Florida your compensation award can be reduced substantially if you are found to have contributed to your own injury. Your award would be reduced by the percentage of fault a court finds you to bear for causing your own injuries. For instance, a $100,000 compensation award would be reduced to $60,000 if you were found 40% responsible for your injuries. Help for Machinery Accident Victims When you retain the personal injury attorneys at Burnett Wilson Reeder for your machinery accident lawsuit, we will take the time to fully investigate the accident, preserve important documents and evidence and identify key witnesses. This forms the bedrock of a sound and winning trial strategy. We also have experience in utilizing the services of engineers and other experts when necessary. Our aim is to help you obtain as much compensation for your injuries as possible so you can focus on your recovery and resuming life. Contact us at (813) 221-5000 to schedule a free consultation.