Personal Injury Liability in Electric Shock Injury Cases
Getting an electric shock usually means that something has gone terribly wrong. While electricity runs through every aspect of our daily lives, builders and manufacturers have worked hard to ensure that any actually flowing electricity is thoroughly encased and secured so that no person or pet is ever at risk of being shocked. We might pick up a little static from carpets or metal objects, but at no point should a person be exposed to real electric current. If that has happened, someone has made a terrible mistake and anyone damaged by the shock may have a clear-cut case of personal injury liability.
If you or someone you know has been injured or even killed by an electric shock, it is possible to build a personal injury or wrongful death case. To know where to go from here, it may help you to understand how personal injury liability works with electric shock cases, along with the type of case you might have and the damages you might be able to claim. Let’s take a closer look.
Types of Electric Shock Injury Cases
When someone gets an electric shock, that shock had to come from somewhere. There was a power source, an exposed connection, and someone messed up badly enough to make a shock possible. Even though every safety protocol in the book is built to keep us safe from unsecured electricity.
There are about four different types of electric shock personal injury cases, and the way the shock was caused will usually determine who is liable and what kind of case you can expect.
Worker’s Compensation – Shocked in the Workplace
If the electric shock happened in the workplace or as a result of work duties, then your injury case qualifies for worker’s compensation. Unfortunately, this doesn’t mean your worries are taken care of. Employers and insurance companies (worker’s comp is a type of business insurance) often put up an incredible fight against employees actually successfully filing and receiving a worker’s compensation claim. Some companies try to mitigate an injury so they will pay less.
Some try to actually punish and drive away employees so they never complete the claim. Some even refuse to submit the original injury report so a claim can’t be filed. If your electric shock worker’s comp claim is being mistreated, your best bet is to find experienced legal representation to fight for your side and make things happen in spite of a troublesome employer.
Contractor Negligence – Shocked After Construction/Electrician Work
If you were shocked on your own property, but by a circuit last worked on by an electrician or contractor, then you may be looking at a case of contractor negligence. It’s not unusual to hear that contractor electricians or construction teams have shirked on their work and sometimes this results in dangerously unsafe situations. Stair railings that fall off, porches that collapse, or in this case, an exposed circuit that caused a harmful electrocution.
Contractor liability is a tough egg to crack, but you can absolutely claim personal injury damages from any contractor who left your home or property dangerous to live in and make normal use of.
Defective Product – Shocked by a Product
It’s also possible that a product you use at home, work, or on the go provided the damaging electric shock. Anything that plugs in or has batteries can theoretically shock someone, and high-powered devices can cause incredibly dangerous electrocution. However, the products are (or should be) designed to prevent any possible exposure to the batteries or electric elements that could cause electrocution.
If a product is defective or inherently unsafe in a way that makes electric shock or electrocution possible, then the manufacturer is the one at fault. They can be held liable for releasing the unsafe product and may need to be forced to recall a product that could put other people at risk in the future.
Commercial Liability – Shocked by a Service or Commercial Building
Then there are cases of electric shock that occur on the premises of a commercial building or as the result of a commercial service. If, for example, you get a nasty shock while passive browsing in a department store, the store (or it’s building) is liable for failing to maintain a safe customer venue. And if you are shocked, say, while getting an electronic massage at the mall, the massage chair operator and possibly the mall can be held liable for providing an unsafe service that caused you injury.
In these cases, normal procedure applies when conducting a personal injury case. you and your lawyer will hold the responsible company accountable and the courts will decide how much you are owed for their negligence or dangerous oversight.
Types of Damages for Electric Shock Personal Injury
It may be satisfying to see the person or company responsible for your injuries held to justice. But justice isn’t quite a legal tender that pays medical bills, which is why you are likely concerned with the kind of damages you may be granted for an electric shock personal injury case. Electric shock is no different from most personal injury cases, in that possible damages range from medical costs to loss of enjoyment and everything in betwee. Let’s go over a quick run-down of the types of damages you can claim.
Medical Expenses
Most courts will grant a successful personal injury plaintiff the coverage of their medical expenses. But to get a fair amount, you need to accurately assess what your current and future medical expenses will be. Remember to calculate for an extended recovery along with any physical therapy, medical equipment, or disability compensation you may need years from now as a result of the injury.
Lost Wages
Any time spent away from work recovering or on disability may be compensated in the form of lost wages damages. If you are granted lost wages, this is to ensure that you and your family don’t suffer from the lack of income while you recover from an injury that was not your fault.
Future Loss of Earnings
Lost wages cover time you have already lost. Future Loss of Earnings comes into play if it looks like you will need to change careers or permanently downgrade the kind of work you do to a lower-paying tier because of the injury. The court may grant future loss of earnings damages if it is clear your income will be hindered in the long term as a result of your electric shock.
Pain and Suffering
Pain and suffering damages acknowledge that the pain of an injury goes beyond the physical challenge to heal and recover. Injuries that either cause continual physical pain or ongoing suffering are considered more damaging and the court may compensate you for enduring this needlessly.
Emotional Distress
Emotional distress damages are usually awarded if the incident was so traumatic or psychologically altering as to cause continual emotional consequences for the plaintiff. If, for example, you have constant nightmares, recurring fears, or emotional disturbances as a result of a traumatic electric shock experience or as an aftermath of the shock itself, you may qualify for emotional distress damages.
Loss of Enjoyment or Consortium
Loss of enjoyment means that you have lost the ability to enjoy key aspects of life, like the ability to smell, taste, or engage in a favorite hobby. This usually applies to cases of extreme or significant disability, which electric shock can cause in more severe instances. Loss of consortium, on the other hand, means that you have lost the ability to maintain an active physical relationship with your spouse — temporarily or permanently — and the court will compensate for both of these types of lost action.
Loss of Companionship
And for cases where the person electrocuted has died or lost a significant portion of their personality due to overexposure, loss of companionship may also apply to your case.
Have you or has someone you know been seriously injured by an electric shock? Now is the time to consult with an experienced personal injury attorney who can help you make the wright next steps to achieve the justice and damage payments you deserve. For more information or to consult on your unique case, contact us today!