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Asbestos Accident

Asbestos Accident

The Platta Law Firm, PLLC, has a strong history of getting substantial compensation for our clients injured in an asbestos accident.  In a recent case, our client sustained injuries while performing asbestos abatement as part of a renovation project.  Part of his job involved removing duct from the ceiling.  To reach this height, he needed to stand on a scaffold.  The scaffold did not have any safety railings.  When our client noticed that the scaffold in the work area lacked guardrails, he told his supervisor. His supervisor informed him that there were no guardrails. He told our client that he would have to use that scaffold to perform his work.  As he was performing his work, a portion of the duct fell onto the scaffold, causing it to shake. As a result our client fell 6-8 feet off the scaffold and sustained serious injuries.

Serious Injuries from the Asbestos Accident

Accidents involving falls from heights are common is asbestos work. As a result of his fall from a height, our client suffered serious injuries to his neck and back. The injuries included herniations in his cervical and lumbar spine.  He also injured his knee, suffering an ACL tear.  The herniations and tear were confirmed by MRI tests.  The ACL tear required surgery to repair.  Our client’s doctors tried to treat his neck and back injuries, by giving him epidural injections.  When the injections proved insufficient, doctors recommended a cervical fusion surgery, which our client underwent.  Our client did not undergo lumbar surgery, but continued to have weakness and pain.

As experienced, construction accident attorneys, our firm knew how to approach this case.  As an asbestos abatement worker, our client was earning good wages, approximately $60,000 a year.  Because of his accident, he was no longer able to work.  We retained experts to perform a vocational evaluation of our client and to prepare a life care plan. The life care plan detailed the costs of medical treatment he would need for the remainder of his life.  We also retained an economist who calculated the total amount of lost earnings and cost of future medical treatment our client would incur because of this accident.

Summary Judgment

As seasoned construction accident attorneys, following discovery, we prepared to move for summary judgment.  In a motion for summary judgment, we set forth the evidence in the case, and ask a judge to rule on the liability portion.  Essentially, what we ask if for the judge to rule that the defendants were liable for our client’s injuries as a matter of law.  If the judge rules in our favor, the case will proceed to trial only as to the matter of damages, that is, only to determine the amount of the judgment.

The defendant’s attorney and insurance company were well aware of our intentions.  Because our firm was so thorough, and so aggressive, the defendants approached us to appear at a private mediation in an effort to try to settle the case.  This is rare, as defendants generally try to move for summary judgment to try to get a plaintiff’s case dismissed. They often do this as a delay tactic even if they know they will not win.

Mediating The Asbestos Accident Case

At The Platta Law Firm, we prepare for settlement discussions the same way we prepare for trial.  We set forth our entire case for the defendants and the mediator, including what all of our experts would prove that the total cost of our client’s injuries would amount to over his lifetime.  Doing so, put pressure on the defendant, and their insurance to settle this case to avoid the risks involved with going to trial.  Because of all that, we were able to settle our client’s case for $2,200,000. If you are injured in an asbestos accident, contact The Platta Law Firm today.