Industrial injuries can occur at a manufacturing plant, a construction site or any other location where persons are working. Industrial injuries often involve third parties. For example, assume that Bobby Jones works for ABC Corp. and is injured in the course and scope of his employment due to the negligence of a subcontractor that works for XYZ Corp. Even though Mr. Jones may receive worker’s compensation benefits from his employer, he still may be entitled to bring a claim against XYZ Corp.
Many times, our firm uses OSHA investigations, police reports, and witness statements to initially gather information about an industrial injury. This information is often used to identify potential defendants. Likewise, this information is furnished to workers and their families to provide additional information about the incident.
Jurisdiction and Venue
In Texas, the State District Courts have jurisdiction over industrial accidents claims. The venue of a particular claim refers to the county in which the lawsuit can be filed. Generally speaking, a industrial accidents case can be filed in the county where the services were provided, in the county where the defendant resided at the time of the incident or in the county where a deceased person’s estate is pending in Probate Court.
In injury cases that arise as a consequence of industrial accidents, the injured party has standing to bring a claim against the manufacturer. Additionally, the injured party’s spouse may also bring a claim for loss of consortium and household services. In certain instances involving catastrophic injury, the injured party’s children may have standing to bring a claim for loss of parental consortium.
In death cases, the injured party’s parents, spouse, and children all have standing to bring a claim under the Texas wrongful death statutes. In addition, a survival act claim may be brought on behalf of the injured party’s estate to recover damages suffered by the injured party from the time of injury until the time of death. These damages include hospital bills, damages for pain and suffering, and funeral bills.
A. Injury Cases
In Texas, injured individuals have standing to recover the following elements of damages:
- Medical expenses;
- Lost wages;
- Mental anguish;
- Pain and suffering;
- Disfigurement; and
- Physical impairment.
The damages listed above may be recovered for both the past and future. The spouse of an individual that is injured may have standing to recover damages for loss of consortium and household services. In certain instances involving catastrophic injury, the individual’s children may have standing to bring a claim for loss of parental consortium.
B. Death Cases
In death cases involving medical malpractice, the family members with standing to bring a claim can recover the following elements of damages:
- Conscious pain, suffering, bereavement, torment, extreme physical pain and mental anguish from the moment of injury until the moment of death, and for loss of the enjoyment of life;
- Pain and mental anguish, or the conscious physical pain and emotional pain, torment and suffering experienced by Decedent before her death as a result of the occurrence in question;
- Medical expenses, or the reasonable expense of the necessary medical and hospital care received by Decedent for treatment of injuries sustained by her as a result of the occurrence in question; and
- Funeral and burial expenses, or the reasonable amount of expenses for funeral and burial for Decedent reasonably suitable to her station in life.
In addition, Survival Act damages may be recovered which include the following elements:
- Pecuniary loss, or that loss of care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value that Plaintiffs in reasonable probability would have received from the Decedent had she lived;
- Loss of companionship and society, or that loss of the positive benefits flowing from the love, comfort, companionship, and the society that Plaintiffs, in reasonable probability would have received from the Decedent had she lived;
- Mental anguish, or the emotional pain, torment, and suffering experienced by Plaintiffs because of the death of the Decedent; and
- Loss of inheritance, or the loss of the present value of the assets that the Decedent, in all reasonable probability would have added to the estate and left in natural death to Plaintiffs.
The information contained on this website is provided for informational purposes only and is not intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel.
The Klein Law Firm maintains its principal office in Houston, Texas and handles cases across Texas. The availability of this website in jurisdictions in which The Klein Law Firm or any of its attorneys are not licensed should not be deemed or construed as advertising of its services in those jurisdictions.
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