This is the next post in our series discussing issues that commonly arise in Fort Worth, Texas personal injury cases in which the victim suffers a traumatic brain injury. The previous post provided an overview of the topics to be addressed in this series. It also stressed the importance of speaking with an attorney as soon as possible after an accident occurs in order to preserve the legal rights of the victims and their families. This article will focus on the importance of identifying all possible defendants after a brain injury occurs. If you or a loved one has suffered a serious head injury in an accident, contact a lawyer immediately.
Very often, catastrophic injury cases involve more than one defendant. Particularly when the case involves a workplace accident, a commercial vehicle, or a business entity. Multiple parties may be partially responsible for the incident. For instance, if a person fell from a crane on a construction site, defendants may include the landowner, the crane manufacturer, the safety harness maker, or others. The identity and liability of each potential defendant are not always obvious. It is crucial, therefore, to conduct a thorough investigation of the accident early in the process. This is a crucial step that will help your lawyer to identify the potential defendants as soon as possible. Failing to do so may prevent a victim or their family from recovering their desired amount of damages.
Consider the following example. Suppose a man staying at a hotel on vacation slips and falls down a stairwell and suffers a catastrophic head injury. After conducting an investigation that includes eyewitness statements, security camera footage, and hotel staff interviews, the attorney learns that the staircase was wet due to a leaking roof. Management and the hotel’s owners were aware of the leak but had failed to fix the problem. Generally, a property owner will be held responsible for failing to maintain a property in a safe condition for guests and others on their premises. In addition, the owners may bear additional liability if they were aware of the issue and failed to take corrective action. Other potential defendants may include a third-party lessee who rents the property from the owner and operates the hotel. If the tenant uses a management company to run the hotel on its behalf, they may bear partial responsibility as well. If employees acted negligently, their employer may be held responsible for their negligent actions. Additional defendants may be identified as the accident investigation develops. For obvious reasons, potential defendants will be different in every case depending upon the circumstances surrounding the accidents.
Catastrophic brain injury accidents can result in significant medical expenses and other damages. Identifying all the responsible defendants will be important to ensure the full recovery of these damages through the legal process. Fort Worth, Texas residents should retain an attorney with the necessary resources to investigate an accident thoroughly. The lawyer should also be able to retain necessary experts to demonstrate the causes of an accident. We suggest you retain a firm that employs multiple attorneys, which employs an on-staff investigator, and which has the financial backing necessary to deal with large corporate defendants.