Joplin | Carthage | St. Louis

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Falling debris can be a hazardous and potentially calamitous experience for anyone in Missouri, as well as other states. Fortunately, there are solutions.

For example, Buchanan, Williams & O’Brien settled a personal injury lawsuit for an injured truck driver for $600,000.00. This client was an over-the-road truck driver who was seriously harmed when a load of electronic equipment fell out of his trailer and landed on him.

Due to falling debris, the client had injuries to his neck, low back, and knee. BWO sued the company that packaged and loaded the equipment into the trailer. The defendant company denied it was responsible and blamed the truck driver client for not securing the load and not being careful when he opened the trailer door. We hired five experts to help prove our case.

Responsibility can be difficult to prove. For one, in Missouri, there’s a burden on the injured party to prove their work injury was the “predominant factor” in causing the medical condition and/or handicap. When medical testing offers unclear results, it can be easier for companies to push back the employees’ compensation claims and reject the company’s financial obligations.

Despite the complexity of pursuing a settlement for injuries that occurred due to falling debris, Buchanan, Williams, & O’Brien has a proven history of winning these cases.

The employing company may be liable for injuries caused by falling debris, regardless of how it happened, if the injured person became so while on the job. As a consequence, that person might be owed money to cover medical care, lost wages, and more.

Falling debris work settlements are determined by three variables. The considerations that determine falling debris cases revolve around the following three concerns:

  • What party is accountable for the falling debris?
  • Was the affected party negligent or did he or she contribute to the debris falling?
  • Did that party’s actions or lack of action contribute to the injury at all?

To show that someone is liable for an injury due to falling debris at work, he or she needs to demonstrate that the company or other party has a legal obligation for what happens with that property. In cases where the company has a liability insurance policy, the insurance company often assumes the liability. This generally means that the person would file against the insurance company rather than their employer.

In order to establish negligence, he or she would have to prove a lack of respect for the safety of the others by the company. The crux of demonstrating negligence is ascertaining whether a sensible person would have been in a position to recognize the situation as dangerous or potentially harmful, and remedied it.

After taking numerous depositions and investing tens of thousands of dollars into the case for our client, we were able to settle the case for $600,000. We are very happy to have helped another injured truck driver recover the compensation he was owed.

If you are considering pursuing a job settlement for injuries from falling debris, then contact BWO today to get a fair compensation.

Carthage Office

Fax

(417) 781-9706

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The choice of a lawyer is an important decision and should not be based solely on advertisements.

© 2019 Buchanan Williams & O'Brien, P.C.

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