A workers compensation lawyer Philadelphia PA relies on for high value cases obtained a substantial verdict for a welder injured at a construction accident. This case presented challenges regarding the comparative negligence of the plaintiff in contributing to his own injuries. Despite these challenges, the client left the courtroom with a multi-million-dollar jury verdict. According to a workers compensation lawyer Philadelphia PA trusts at the Wieand Law Firm, tackling the comparative negligence challenges in the courtroom head on was a tactic that proved successful in this case.
The plaintiff in this case sustained his injuries while cutting legs off a platform, which his co-worker had raised with a forklift, but failed to secure. The platform then rolled off the platform and onto the defendant, pinning him to the ground. The plaintiff sustained a crushed pelvis and continues to suffer from ongoing pain that has prevented him from returning to work in his previous capacity.
In this dispute, the defendant argued that the plaintiff played a significant role in the accident by creating the risky conditions that ultimately led to the accident. Specifically, they claimed that the plaintiff allowed an untrained forklift operator to transport an unstabilized catwalk, despite the plaintiff himself having the certification to perform the task.
The plaintiff’s attorney addressed the safety conditions in both their opening and closing statements, arguing that the plaintiff had been following guidelines provided by the employer defendant. They alleged that the instructions and manner that the employee was instructed to do the job was blatantly unsafe. A construction accident lawyer Philadelphia PA trusts presented evidence that the defendant, which operated the plant where the accident occurred, maintained control over the manner in which the welders performed their work. An OSHA expert bolstered this claim by testifying that the defendant was responsible for the site’s safety but failed to adhere to both industry standards and the company’s own internal policies.
The jurors in this case requested the judge to reiterate the plaintiff’s requested medical expenses and lost wages. The jury then used those exact numbers when allotting damages in the verdict. The verdict of $8.2 million was reduced to $6 million, as the jury found the defendant to be 27% negligent. A workers compensation lawyer Philadelphia PA relies on explains that Pennsylvania law allows plaintiffs to be compensated even when they are partially at fault for an accident.
Pennsylvania’s comparative negligence laws, outlined at 42 Pa C.S.A. § 7102, establish that a plaintiff’s fault does not bar them from recovery, as long as their fault is less than the defendant’s. Said another way, a workers compensation lawyer Philadelphia PA trusts can seek financial compensation for plaintiff’s who are less than 51% at fault for the accident that caused their injury.
The amount awarded as compensation is reduced by the percent that the plaintiff is at fault. For example, if the jury awards $1 million dollars, but find the plaintiff 20% at fault, the plaintiff would be compensated $800,000.
A workers compensation lawyer Philadelphia PA trusts shares that as long as the accident victim is less than 51% responsible for the accident, they can recover damages. However, a plaintiff who is 51% or more at fault loses the right to receive any compensation at all.
If you were injured in a worksite accident, a construction accident lawyer Philadelphia PA relies on at the Wieand Law Firm may be able to help. Identifying and establishing fault will largely determine your case’s outcome, so representation from an experienced attorney may be pivotal to your case’s success. Our attorneys offer a free consultation to discuss your situation and provide information about your legal rights and options. We’ll collaborate with you to help you build the most strategic method to seek compensation for your damages.
Our attorneys serve clients in Philadelphia, Montgomery County, Lehigh County, Chester County, Delaware County, the surrounding areas, as well as New Jersey. We have earned the respect and trust of clients in helping them with a wide range of personal injury claims. At the Wieand Law Firm, our attorneys serve to protect your rights.
Our attorneys work to make sure that legal protections are accessible to our clients without regard to their ability to pay legal fees. For our personal injury claims, our lawyers work on a contingency fee basis, meaning that we only get paid when we earn money for your claim. This way, our clients avoid any large, out-of-pocket lawyer fees. Call 215-666-7777 or send a message via the online form to speak directly with an attorney.
