Recovery for freak accidents
Posted July 30th, 2015 by Anthony Carbone, PC.
Categories: Personal Injury.
We have all heard the story about the woman who was badly burned by coffee served to her at a McDonald’s franchise. Through expert testimony, the woman’s lawyers were able to prove that the coffee was just too hot and represented a danger. Recovery for freak accidents often requires a skillful and creative attorney. A personal injury lawyer treats cases like a mystery file, searching for evidence leading to the culpable parties.
Some Other Freak Accidents
Although the word accident is commonplace, it does not hurt to review its definition. Black’s Law Dictionary defines an accident as “an unforeseeable and unexpected turn of events that causes loss in value, injury, and increased liabilities.” Although accidents are unforeseeable and unexpected, some are more unusual than others. Thus, our characterization that some occurrences fall under the category of freak accidents.
Take the fatal accident that occurred right here in Jersey City. Last November, a delivery man died when a measuring tape struck his head. The tape was being used by a worker fifty floors above where the man stood on the ground. Recovery may be sought for the accidental death.
Some freak accidents are secondary. In West New York, a couple of years ago, a baby was killed when a bus struck a lamppost. Although the bus had no contact with the child’s carriage, the impact from the lamppost caused it to fall. Sadly, the collapsed structure trapped the baby below it.
Last month, a teenager lost his life while passing by a business that makes countertops. It appears the teen attempted to walk between slabs of marble or granite, weighing at least 650 pounds. When they knocked onto him, the young man was unable to release himself and asphyxiated.
Compensation for Freak Accidents
Like every other personal injury case, freak accidents have two major components. The first is liability. It is up to the attorney to prove by a preponderance of the evidence that another party was responsible for the accident. This often requires substantial investigation. It may also entail the retention of expert witnesses to evaluate the situation and testify about it. At the Law Offices of Anthony Carbone, we engage professionals who are skilled in particular practice areas. For example, we might seek the opinion of an engineer for a case involving a defective machine.
Damages are the other requirement for recovery in any personal injury matter. If you were left mentally and physically unscathed by an accident, chances are you may not have a case. Of course, it is important to make sure nothing develops in the near future that correlates with the incident.
Contact Us
If you are involved in any type of accident and are injured, it is important to speak with an attorney. There is no charge for discussing your case with our office. Contact us to set up a meeting.
