husband had a accident on job .dUMP TRUCK HAD NO BRAKES. hE HAD TO JUMP. GOT RAN OVER LEGS BY TRUCK. iN PAIN CANNOT WORK WHAT SUIT CAN WE FILE?

Asked on July 3, 2009 under Personal Injury, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Based on the facts as you presented them, few though they may be, it definitely sounds as though your husband has a legitimate claim.  There were certainly damages incurred, unfortunately.  As long as you have medical proof to back all of this up it seems a though you may be able to file a successful lawsuit for the brake/maintenance issue, and a claim for workmen's compensation

At this point, you should consult with a personal injury attorney on this matter.  For a case such as this, the initial consultation would be free.

Sorry

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Go and see a personal injury attorney in your area as soon as possible.  Look here at attorneypages.com for help in your area.

Some issues in collecting here are who you can sue, as injuries that happen on the job are usually limited to workman's compensation.  Who owned and maintained the truck is important, who last repaired the brakes is important, who manufactured the truck and if the brakes failed is important, recall notices, if any, are important, your injuries are important, etc.  The attorney will be able to let you know how to proceed.Consultations are usually free of charge as attorneys tend to work on a percentage of the recovery fee as their legal fee.  Good luck.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Mississippi attorney, but in most states, your husband would not be able to sue his employer, he will only be able to get workers compensation, which will pay for all of his medical bills and replace part of his income while he can't work.  If he's permanently disabled, he will get compensation for that as well.

There are some cases where an on-the-job injury is at least partly the fault of someone other than the employer or a co-worker (considered the same as the employer, in this situation).  If, for example, the truck was brand-new, and the brakes were manufactured or installed in a defective way, your husband could sue the truck manufacturer.  If the truck's repair work was done by an outside company, like a dealer, it's possible that he could sue them if it was their fault the brakes failed.


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