Minimize The Impact Of A Catastrophic Accident With Our Trial-Ready Wrongful Death Defense Attorney
As a Texas-based business, you likely have an investment in your reputation and standing in your local community. When something goes horribly wrong and someone is gravely injured or killed on your property or potentially as the result of one of your employees or contractors, you may fear that the trust you’ve built up with community members will be destroyed. Worse, your company may face a financial crisis if a catastrophic injury or wrongful death claim verdict is decided in the plaintiff’s favor.
At Ellington & Associates, our founding attorney orchestrates a rapid and comprehensive response when clients face a large-loss claim. Attorney Owen H. Ellington and his of-counsel attorney team act to preserve vital evidence and offers counsel to help you move through this devastating time and protect your reputation. Whether the accident happened on the road and involved one of your trucks, or it happened in an oilfield or on a construction site, or you are an excess insurance provider and worried about how this claim will play out in court, we are ready to safeguard your company and mitigate the impact of this incident.
If your company has experienced an accident that could result in a catastrophic injury or wrongful death lawsuit, call our office in Sugar Land at 832-291-3688 right away.
What Qualifies As A Catastrophic Accident?
The federal government, under 34 U.S.C. § 10284 (formerly 42 U.S.C. § 3796b), defines a catastrophic injury as one that permanently prevents an individual from performing any gainful work. Texas Penal Code § 1.07(a)(46) defines ‘serious bodily injury’ as bodily injury that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
On a practical level, a catastrophic accident has the potential to:
- Cause life-long, permanent physical or mental injury
- Require ongoing medical attention, surgeries or rehabilitative treatment
- Leave the plaintiff unable to do meaningful work
- Reduce the plaintiff’s ability to experience a meaningful quality of life or live independently
Plaintiffs in a catastrophic accident lawsuit may claim both economic (lost income, present and future medical expenses) and noneconomic damages (loss of consortium, pain and suffering).
How Our Attorney Builds A Large-Damage Claim Defense
Two elements define how Mr. Ellington approaches the defense of a client whose company is facing multimillion-dollar exposure in a serious injury or wrongful death case: experience and analytical skill.
As far as experience is concerned, our attorney has handled thousands of civil litigation matters over the course of his career and participated in more than 100 trials. He is familiar with Texas state and federal courts.
His analytical skills allow him to evaluate the plaintiff’s claim and look for opportunities to raise the following defenses, among others:
- Lack of negligence, when the defendant’s behavior was reasonable and did not breach a duty of care
- Alternative causation, when the plaintiff’s injuries or death could be explained by other means
- Comparative fault – under Texas law, a plaintiff may not recover damages if their percentage of responsibility is greater than 50%
- Failure to mitigate risk, where the plaintiff failed to act in a way that limited their injuries or financial damages
To create your defense, our attorney may draw upon the testimony of expert witnesses or accident reconstruction specialists, review initial accounts of the incident filed by law enforcement or medical professionals, or highlight plaintiff online messaging that contradicts the scale of their injuries. These tactics enable him to build a defense that will withstand scrutiny in court or encourage the other side to consider a negotiated settlement.
Embroiled In Emotional High-Stakes Litigation? Call For An Immediate Case Evaluation.
Have you or other business partners been named as a defendant in a catastrophic injury or wrongful death lawsuit? Our complex injury trial lawyer brings steady, level-headed counsel and representation to your case. Call our office in Sugar Land at 832-291-3688 or use our contact form to schedule an initial case evaluation. We work with enterprises throughout Houston, as well as all across Texas.