QUESTION

My father past away due to what we believe to be a work related accident. The Union wants to speak to us about it. What kind of lawyer should we get?

Asked on Aug 14th, 2012 on General Practice - Pennsylvania
More details to this question:
He hit his head at work and was involved in an accident involving a work vehicle (Transportation cart) that the brakes did not function on and it had been reported on 3 separate occasions. He past away a few weeks from a head injury. My mother believes that the union and or the company will try to fight the case. We would like advice on what kind of lawyer to get and the best course of action to take. She would also want to know if it would be better to retain a lawyer that works on an up front fee or one that only gets paid if the case is won.
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1 ANSWER

If the injuries your father sustained were incurred while he was in the course and scope of his employment, then the estate may be eligible for a death benefit from the employer's workers' compensation carrier.   If the cart that caused his injuries was owned, operated and/or maintained by an entity other than your father's employer, then there may be wrongful death and survival claims against that entity for negligent maintenance of the cart.  If the brakes were defective because of some manufacturing defect or design flaw, then there may also be wrongful death and survival claims against the companies that manufactured, designed and distributed the cart.   There are a lot of potential issues here that need to be investigated quickly in order to determine what options your family and your father's estate have.   Our office has tremendous experience in prosecuting these types of cases, and handle them on a contingent-fee basis, which means that our fees and costs would only get paid out of a potential recovery or award.  There is no money up-front.   Please feel free to call me or email me directly and we can discuss the situation in more detail.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com
Answered on Aug 17th, 2012 at 5:02 PM

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