Seeking Compensation After a Disfiguring Equipment Injury

 Posted on October 24,2023 in Workers' Compensation

Getting seriously hurt because of faulty equipment can change your life in an instant. You can be left with permanent disfigurements, huge medical bills, and no way to earn income. On top of that, you are dealing with devastating emotional pain and distress. It can be a nightmare, but you do not have to go through it alone

A California attorney can help you take action and fight to recover the compensation you deserve. Justice will not make you whole again, but it can lift some of the burden during your recovery.

Understand Liability Laws and Parties Responsible

Securing compensation starts with identifying negligent parties who may be held legally and financially responsible. Product liability cases can target equipment manufacturers when design defects, assembly flaws, or missing safety warnings are uncovered. For on-site accidents, building owners, operators, rental companies, or maintenance providers could share liability if found neglecting duties. For workplace accidents, employers may share responsibility if they ignore safety codes and protocols.

Gather Convincing Evidence

Building a winning equipment injury claim requires compiling strong evidence demonstrating how the defendants’ negligence directly caused the accident and subsequent harm. Your attorney will work diligently to collect police reports, internal company documents, equipment specifications and manuals, medical records, witness statements, expert analyses, photo and video documentation, and other relevant proof. The more compelling evidence you have on liability and damages, the better.

Calculate the Full Extent of Your Damages

Be sure your claim reflects all quantifiable losses you have suffered, from medical bills and lost income to pain and suffering to permanent disfigurement. Your attorney can retain finance experts to project future costs for procedures, therapies, adaptive equipment, caregiving, and other needs. Punitive damages may be warranted if negligence was willful or egregious. Make sure to leave no legitimate damages unclaimed.

Explore Settlement Options First

Lawsuits are time-intensive and unpredictable. Your attorney will likely first attempt negotiations with insurance agencies to efficiently reach a fair settlement reflecting your losses. Be realistic but firm on deserved compensation. However, if talks stall, preparing strong litigation arguments is important to seek justice.

Consider Mediation or Arbitration

Alternatives like mediation and arbitration, overseen by neutral third parties, can save time and expenses if settlement talks fail. Your attorney can advise if these voluntary processes may be ideal for your particular equipment injury case before initiating court litigation. The goal is to maximize payouts using the optimal method.

Contact a Gilroy, CA Workers’ Compensation Attorney

As you seek compensation, you will need a Morgan Hill, CA workers’ compensation lawyer well-versed in equipment injury law. You deserve to have someone on your side helping you with each step. Call Cramer + Martinez at 408-848-1113 for a free consultation to see how we can help you.