Ladder Fall Injury Claim – Construction Site Accident Lawyer in Hidalgo County
  • By: John Escamilla, Esq.

Getting up on a ladder or scaffolding is, whether you feel it or not, an act of trust. Trust in the company that manufactured the ladder or in your employer who set up the scaffolding. When that trust is betrayed, and someone acts negligently, and it results in an injury or death, justice can be sought with a personal injury claim. This article explains the essentials you need to know about Texas ladder or scaffolding incidents and injuries, including: The building and workplace codes and safety standards for ladder and scaffolding use in Texas. Who can be held legally responsible for a fall and injury, even if you are partially at fault. How to document your injury and prove negligence in a ladder or scaffolding injury. What Are The Specific Safety Standards For Ladders And Scaffolding In Texas? Texas adheres…Read More

A man is restrained by others, highlighting workplace safety concerns in Texas
  • By: John Escamilla, Esq.

Working with machines is always dangerous, but working with machines that have not been properly turned off and de-energized can be downright deadly. When things go wrong during maintenance or repairs on machines, it is often because of failures to comply with Lockout/Tagout regulations. This article explains:  What lockout/tagout means for Texas workplaces.  The kinds of injuries can be caused by lockout/tagout failures. Your rights when it comes to workplace injury or wrongful death compensation after such an accident.  What Is Lockout / Tagout, And Why Is It Important In Texas Workplaces? The Occupational Safety and Health Administration (OSHA) has regulations to make the workplace safe that all employers must abide by. Among those rules are procedures for repairing mechanized equipment and/or electrical equipment that needs to be serviced.  Lockout and tagout procedures are requirements that whenever work is being…Read More

Image represents the Guide to hiring a personal injury lawyer in Texas
  • By: John Escamilla, Esq.

In this article, you can discover… How an ideal personal injury attorney will communicate. How long your personal injury case may take to resolve. What to do to prepare practically and emotionally for court. 1. What Experience Do You Have With Personal Injury Cases Like Mine? I was licensed in November of 1995, so we're coming close to my 30th anniversary. For almost my entire career, I have been representing injured persons or the family members of people who have been killed through the wrongful conduct of others. I have nearly 30 years of experience working on cases just like yours. Unfortunately, I am also deeply familiar with the many different ways that people get hurt or killed. This lets me very quickly analyse the factors that led to the injury and the death and use those skills and that…Read More

Image highlighting the legal assistance in accident claims
  • By: John Escamilla, Esq.

In this article, you can discover… How liability is determined in a trucking accident The damages you may be able to recover as an accident victim. What medical issues to look for in the aftermath of a truck injury. What Are The Most Common Causes Of Trucking Accidents In McAllen, Texas? The most common causes of trucking accidents in Texas are careless drivers. Truckers are people, and like everyone else, they can get tired and, unfortunately, are often overworked. They may fail to properly maintain their vehicle, or the company they work for may be lax about routine servicing. Speeding is also an issue in many truck crashes, as drivers are under deadlines to deliver goods by a certain time or a certain day. They may be rushed, fail to see who is around their vehicle, or fail to look…Read More

Judge's gavel and wrongful death case documents on a table
  • By: John Escamilla, Esq.

In this article, you can discover… How a wrongful death is defined under Texas law. Who may legally file a wrongful death claim in Texas. What evidence to gather to support a wrongful death suit.  What Is The Legal Definition Of Wrongful Death In Texas? In Texas, a wrongful death is a death that results from someone else's negligence. In such an instance, the immediate family members of the person who passed away have the ability to file a lawsuit against the responsible person or company and recover damages. You may also have the ability to file a “survivor's claim,” and recover for the medical bills and physical pain and suffering your loved one experienced before they passed away. Simply because a person has died doesn’t mean their rights are extinguished. If you suspect that an immediate family member has…Read More

Personal injury claim form on clipboard with pen and gavel on a desk
  • By: John Escamilla, Esq.

The legal system can be incredibly intimidating for everyday people. A good lawyer will walk you through the legal process, explain your rights and responsibilities, and help you move forward on the best foot possible. Your attorney will also help you understand what your injuries are truly worth and make sure you get the most meaningful compensation possible. In this article, we’ll break down the basics of personal injury claims and the terms that are used along the way.  Keep reading to discover… How liability impacts your personal injury claim The type of damages you may be entitled to in Texas. How long you have to file a personal injury claim. What Is “Liability,” And What Does It Mean In The Context Of Personal Injury Law? Liability means legal responsibility. For example, we all have a responsibility to drive safely…Read More

Oil pumps in a field, extracting valuable resources from the earth's depths. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.

While safety standards and work-related accidents and deaths are down for other industries, Texas’ hard-working oil and gas workers continue to suffer serious accidents and fatalities. In an industry that struggles to keep up with high oil demands, corners are cut, strict safety standards are loosened, and profit is often placed over worker safety. Our law firm has seen consistent cases filed by injured workers and the surviving families of workers killed on the job year after year. While other industries surge ahead in safety innovations, stricter controls, and better protections for workers, the oil and gas industries remain frustratingly unsafe and unwilling to make serious changes. What causes these injuries and deaths? And why do injury rates remain so high in this sector? Common Injury Types: Workers face a variety of intense and debilitating injuries in Texas oil and…Read More

Two men in safety vests and hard hats are on the ground, discussing compensation for construction injuries. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.

In this article, you can discover… What types of construction injuries are the most common. Why you need an injury attorney to handle your case. How claims of negligence may affect your case, and how an attorney can help. What Are The Most Common Causes And Cases Of Severe Construction Site Injuries? Many injuries at construction sites involve accidents with heavy machinery; machines such as forklifts, excavators, scissor lifts, and others may not be handled properly and cause injury. It’s not uncommon for workers to be crushed under or between such equipment, especially if workers are poorly trained or poorly supervised. Falls from roofs, scaffolds, and ladders are quite common, too. Anyone working at a height greater than six feet is at risk of injury or death if they fall, and Personal Protective Equipment (PPE) is vital at every site.…Read More

Hands holding a product liability word cloud, representing various legal aspects of a product liability claim. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.

In this article, you can discover… How fault is determined in a product liability claim. How insurance companies often seek to shift blame, and how to fight back. How negligence impacts product liability claims. What Do You Need To Prove A Defective Product Caused My Injuries? To prove that a defective product caused your injuries, a lawyer needs to be able to demonstrate that the product was dangerous. This danger may spring from a design or engineering flaw, from some element of the product being poorly built and causing injury, or from product warnings that were poorly worded or missing. Is An Injured Person Ever Partially Responsible For The Injuries Sustained From A Defective Product? Often in a product liability case, companies will claim that a consumer has used the product incorrectly or done something dangerous to cause the injury.…Read More

Coverage for small businesses to safeguard against product liability claims - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.

In this article, you can discover… What situations and products qualify for a product liability claim. What evidence you need to file a product liability suit. How soon you should file your product liability claim with a lawyer. What Are The Elements Of A Product Liability Claim In Texas? Three types of product liability claims exist. These are design defects, manufacturing defects, and marketing defects. In Design Defect cases, a product is designed in an unsafe way. The product could have been engineered with a much safer design from the start, which could have prevented serious injury. Manufacturing Defect means that the product was designed well but manufactured in a way that made it unsafe. A common example of this is the rubber of car tires not being melted together properly during production, making the tire tread likely to separate…Read More

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