What You Can Do After you are Injured by the Mistakes of Others?
Posted on Thursday, October 31st, 2013 at 9:32 pm
Sometimes improbable things happen. Trains derail, hurricanes take out entire cities, and buildings collapse. Yes, buildings collapse.
Right here in Philadelphia, on October 17, a project to demolish an apartment building on 22nd and Market went from routine to disaster. An unsupported brick wall, something not taken into account by the project’s architect, Plato A. Marinakos Jr., took out a neighboring Salvation Army thrift store, killing six people and injuring another 14.
The wall crashed through the ceiling, instantly altering the destiny of dozens of people; and nobody saw it coming; but maybe they should have.
Not surprisingly, Marinakos is denying liability. Despite a federal subpoena, Marinakos and his lawyers are pleading the fifth by not providing all of the documents requested by the Occupational Safety and Health Administration (OSHA) and Labor Department. Its a move that could delay or even deny compensation to victims and their surviving families.
Much in the case has yet to develop, and we will watch it closely, anticipating justice for these victims and their families.
Getting adequate representation
The case does bring up some important issues though. Marinakos has an attorney working to make his side of the story clear and protect him from the penalties, fines, and compensation he will owe otherwise.
It only stands to reason that the victims will need equally diligent attorneys to represent their side of the case.
You never anticipate as you go through your daily routine that tragedy will strike. Nor should you. Who wants to live their life in fear?
But you should realize that there are people out there who are willing to fight for you when the unthinkable does occur.
Personal injury/wrongful death
To bring a personal injury case to court in Pennsylvania three factors must be present. One, some party must be at fault, either through negligence, lack of due diligence, breach of contract or a broken promise. Two, you must have suffered some sort of injury because of the first party’s mistake. Third, the responsible party must have assets from which you can collect damages.
Bringing to court a wrongful death case in Philadelphia you must first, be an official representative of the deceased party, i.e. a spouse, child, or parent of next of kin. Second, you can file a wrongful death case no later than six months after the incident in question. That’s why quick action from a skilled personal injury attorney is so important.
Except in the case of hurricanes or other natural disasters, most accidents, aren’t really accidents. They are the inevitable consequences of negligence or worse, malfeasance. When you are the victim in these cases, it is not wrong for you to seek compensation. You did nothing wrong. It wasn’t an act of God or an accident. Someone didn’t see to your safety as they should have. You should be compensated accordingly.