Hiring an experienced lawyer right away after an electrocution injury is critical because the defendants in these cases defend themselves aggressively and will use advantages and special privileges to hinder the investigation process keeping you from getting the evidence you need to win. A skilled electrocution lawyer will help you level the playing field by conducting a thorough investigation, preserving key evidence, standing up to well-heeled defendants, and fighting to get you and your family a settlement that reflects the full value of your case.
Attorneys Jeff Feldman and Chris Stombaugh specialize exclusively in helping people who have suffered injuries from electrical accidents. They have the specialized knowledge needed to hold utility companies and other defendants accountable for their negligence. Jeff and Chris have tried more electrical accident injury and death cases than most other injury lawyers in the country, securing . multi-million dollar verdicts and settlements on behalf of their clients.
Below, attorney Jeffrey Feldman further explains what a lawyer investigation of an electrocution case looks like:
What is an electrocution injury?
An electrocution injury is a serious and sometimes fatal injury that happens when a high voltage electrical current passes through a person’s body. The severity of the electrocution injury depends on several factors such as: (1) amperage, (2) voltage, (3) the duration of exposure, (4) the current’s path, and (5) the person’s overall health at the time of the injury.
What type of evidence will a lawyer gather during an investigation of an electrocution case?
Key evidence that a lawyer will gather during an investigation of an electrocution case includes:
- Photos of the scene
- Videos of the scene
- Photos of the victim’s injuries
- The victim’s interview statement
- Witness statements
- The incident report
- The police report
- Maintenance records
- Safety records
- Medical records
- Autopsy report (if applicable)
How will my lawyer’s investigation help me sue for my electrocution injury?
You can sue for your injuries if your electrocution lawyer’s investigation reveals the following:
- Duty of care – The defendant had a duty to keep you safe from an electrical accident
- Breach of duty – The defendant breached its duty by failing to properly maintain electrical equipment or infrastructure, failing to provide adequate warnings, or violating safety standards set by the NESC or NEC
- Causation – The defendant’s actions caused your electrocution injury
- Damages – You incurred actual damages from the electrocution, such as pain and suffering, medical costs, and lost wages
How can an expert witness help my electrocution case?
During the investigation process, an experienced electrocution lawyer will have a strong relationship with the nation’s top experts, whom they will use to prove negligence and maximize the value of your case. Your lawyer will use expert witnesses who specialize in the following:
- Engineering and power infrastructure – To show what went wrong and how the defendant breached its duty
- NESC and NEC – To help identify safety violations that will prove negligence
- Medicine and rehabilitation – To identify your current and future medical needs based on your injuries
- Economics – To help assess and prove money damages, including the cost of your present and future medical needs as well as your present and future loss of wages and earnings
To qualify as an expert witness, an individual must have a certain level of knowledge, skill, experience, training, or education, and must meet the requirements of Rule 702 of the Michigan Rules of Evidence and the Federal Rules of Evidence.
Before admitting expert witness testimony into evidence, a court must find that it is “more likely than not” that the expert meets the following requirements:
- The “expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.”
- The “testimony is based on sufficient facts or data.”
- The “testimony is the product of reliable principles and methods.”
- The “expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.”
Types of electricity accident lawsuits
- Wrongful death – If you lost a loved one in an electricity accident, an experienced attorney who focuses his entire practice in this area of law and has handled and won wrongful death cases can help you sue the responsible party for benefits to cover lost financial support in the form of pain and suffering, medical costs, lost wages, and funeral and burial costs. (MCL 418.301(1); 418.321; 418.345)
- Personal injury – If the electrocution victim was seriously injured but not killed, and negligence can be proven, he or she may file a personal injury lawsuit against the responsible party seeking pain and suffering damages as well as compensation for lost wages and medical bills.
- Workers’ compensation – If the injury occurred in the course of the victim’s employment, Workers’ Comp is typically the “exclusive remedy” for recovering damages. Medical bills are paid at 100%, without co-pays or deductibles, and lost wages are paid via weekly checks totaling 80% of after-tax average weekly pay. If a third party, such as a contractor, was at fault, it may be possible to file a third-party lawsuit in addition to a Workers’ Comp claim.
What is the statute of limitations for filing an electrocution lawsuit?
MCL 600.5805 provides that your lawsuit must be filed within three years of the date of the injury or death, or you forever lose your right to seek compensation and hold the responsible parties accountable.
Is it worth hiring a lawyer for my case?
Hiring an experienced electrocution accident lawyer for your case will help protect key evidence found during the investigation process and keep you from being bullied by the negligent utility company as well as their attorneys and insurance adjusters.
These companies tend to defend these cases very aggressively, pressuring victims to settle their cases for pennies on the dollar and well below what they are actually worth. This is especially true when they are dealing with a victim whose attorney is not experienced in this area of law.
An attorney who lacks the experience and specialized knowledge needed in these highly complex cases won’t know how to handle the pressure.
But hiring an experienced electrocution accident lawyer who specializes exclusively in these cases will know how to conduct a thorough investigation getting the key evidence you need to win your case. Here’s what he or she will do:
- Fight to get you a larger settlement in less time!
- An experienced electrocution lawyer will perform a thorough investigation and prevent the destruction of important evidence you need to win your case
- Identify all at-fault parties who are liable for your injuries or your loved one’s death
- Determine how much compensation you are owed for your pain and suffering and economic damages, and how much insurance coverage is available
- Determine the amount of financial assets that the at-fault party or parties have available to put toward your settlement
- Identify violations of the National Electrical Safety Code (NESC) and the National Electrical Code (NEC)
- Take your case to a jury if the insurance company refuses to settle for what your claim is worth
- Hire the nation’s top experts in fields such as: (1) NESC/NEC, (2) engineering (electrical, mechanical, and reliability), (3) power infrastructure, (4) economics, and (5) medicine and rehabilitation (to address injuries, surgeries, and present and future medical needs)
How do I choose the best electrocution lawyer ?
Finding the best best for your case comes down to 4 important factors. They are:
- Experience – Experience matters, especially in this highly-specialized area of law
- Specialization – Have a lawyer with specialized investigation knowledge means everything in a complex electrocution case
- Million-dollar wins – Having a history of winning million-dollar verdicts and settlements for his or her clients shows that your lawyer has the skills and “know how” to get you full and fair compensation for your injuries
- Reputation – Being represented by a lawyer with a reputation for winning and taking cases to trial when a fair settlement is not offered makes an enormous difference when it comes to getting insurance companies to settle for what your case is actually worth