personal injury defendant
personal injury defendant
Seaman Hopes for £1.25 Million in personal injury Case
Oscar Reyes is accussing his ex employer of negligence and dsregard for safety in a personal injury lawsuit in which he is claiming £1.25 million in damages.
He was working for shipping company T.W. Dredging Ltd when he susained injuries to his back and other parts ofhis body. He claims that the company is responsible for the injuries he suffered and the fact that he now cannot work due to physical and mental damage.
He claims that in addition to the injuries he received while working for the shipping company, he was then unfairly dismissed. In order to secure some justice, he hired personal injury lawyer Mr Anthony G. Busbee.
Mr Reyes claims that he was carrying out his duties as usual on board a T.W. Dredging Ltd vessel on April 7th when he tripped on a loose cable. This caused him to fall heavily.
As he fell he landed with full force on the beck of the vessel, causing severe and painful damage to his back and upper body.
His lawyer said in court that his injures “were caused in whole or in part by the negligence of the Defendant, its agents, servants and/or employees and/or was legally caused by the unseaworthiness of Defendant’s Vessels”
Mr Reyes says that he fell because the area was not lit sufficiently, meaning that he could not see the cable which he tripped over. In addition to the poor lighting, the cable should not have been left out on deck where it counts as a hazard and in this case proved how hazardous it can be.
Mr Reyes also cites another accident which he had at work, due to the negligence of his company. He says that shortly before tripping incident, he was up a ladder carrying out some maintenance work. As he attempted to complete the job carefully and satisfactorily, his supervisor continually rushed him, with no regard for Mr Reyes safety.
“The supervisor kept coming out and admonishing him to hurry,” says Anthony G. Busbee, Mr Reyes lawyer. “While stepping down from the ladder, the coworker who was holding the ladder let go, causing Plaintiff to fall off the ladder onto a hose rack.”
After each incident, Mr Reyes attempted to continue to work, out of loyalty to his company. Eventually this became impossible and he left to seek medical treatment. It was at this point, claims Mr Reyes, that the company chose to terminate his contract.
Mr Reyes claims that he is now unable to work and is suffering a great deal as a result of his injuries. His injuries are deemed to be long term and the mental anguish which he has suffered will also be with him for the duration of his life.
Mr Busbee states that as a result of the accidents, Mr Reyes “has suffered a loss of wages in the past and loss of or reduction in the capacity to work and earn money in the future and, in reasonable probability, his earning capacity has been impaired permanently”
For this incapacity, both mental and physical which will continue to affect him “for the balance of his natural life”, Mr Reyes is seeking £1.25 million with his personal injury claim.
About the Author
Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, personal injury Claims and other legal articles.
I s my personal injury case…?
if the defendants insurance firm has asked my lawyer if we would consider an ADR (decided by arbitor) could we be close to a settlement?
How long does it usually take to have an arbitor hear the case once we do accept an ADR?
if an amount is agreed upon by both parties, when does the check get written? How long can it take to recieve a settlement once an agreement is reached?
thanks
I take it you mean Arbitrator. I would strongly suggest that you consider non-binding arbitration. That means if you don’t like what, if anything, the arbitrator awards you can demand a Jury trial and get a second chance at a better verdict. (There is never any garantee that a Jury will find in your favor.) If you like the award you can take the money. If not, go to trial.
If you accept a binding Arbitration, realize that you give up all of the rights to appeal or trial by jury. The Arbitrator’s finding is final and cannot be appealed. Your case will most likely be heard by three old white lawyers that may not identify with you. Most zealous Plaintiff’s attorney’s want to go to Court, not arbitration. I would ask your lawyer why would an Arbitration be a better deal for you than a trial? Generally, the threat of a trial makes the insurer offer a higher settlement becuase they know they will have to pay thier attorney’s by the hour for the trial. Has the insurer offered a settlement?
I worked assisting plaintiffs lawyers for years and Arbitration was never prefered over trial. The only possible advantage to arbitration over trial is that if the Arbitration takes place quickly you would see your money faster, if any money is awarded to you by the arbitrator. If you accept an Arbitration make sure that a date is set as part of the package. I’ve seen defendant’s drag on for five years before the Arbitration actually takes place.
Defense lawyers tend to like arbitration becuase there are no appeals and in my experience Arbitrators are likely to award less money than a Jury will. Of course, any trial is speculative in nature.
Sit down with your attonrey and ask him about all of the advantages and disadvantages of (1) non binding Arbitration; (2) Binding Arbitration,and (3) going to Trial by Jury and how they apply to your case. Only a licensed attorney can give you legal advise.
The one really nice thing about a settlement is that you should get your money quickly, but discuss it with your lawyer to make sure this is the case if a settlement is offered.
I am not a lawyer. Only lawyers can give legal advise. The above should not be construed as legal advise. It is just general information. Talk to your attorney for legal advise specific to your case.
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