Power Saw Injury Attorney

Power saw injuries occur due to different reasons. Here are some of the most common:

• Removing blade guards
• Trips and falls from loose cords or messy workspaces
• Lack of protective equipment
• Electrical faults
• Not paying attention
• Defective power saws

Some common power saw injuries include:

• Deep cuts
• Fractures
• Amputations
• Lacerations
• Nerve damage
• Ripping injury

If you get injured by a power saw, follow these steps:

• Seek immediate medical attention
• Take photos or videos of the injuries sustained
• Collect witness information, if any
• Gather copies of the medical reports
• Contact a power saw injury attorney

That said, here are some things you should not do if you get injured by a power saw:

• Do not accept any settlement offer from the insurance company, product manufacturer, or any other party
• Do not write or give any recorded statement, especially without an attorney
• Do not accept any refunds, repairs, or returns offered by the product manufacturer, supplier, or any other party
• Do not post on social media about the accident
• Do not fail to follow your doctor’s instructions after seeking treatment

Many factors come into play when determining liability for a power saw injury lawsuit. Here are some of the key elements an experienced attorney will consider:

The Condition of the Power Saw

The first thing an experienced attorney will consider is whether the power saw was in good condition when the injury occurred. In the past, there have been cases where people have been injured by defective machines such as power saws. Some of these defects have occurred due to the manufacturer’s negligence. For example, suppose the power saw had a bad design, exposing the user to the sharp blades and eventually injuring them. In that case, the manufacturer might be held responsible for the poor design.

To do this, the attorney must demonstrate that an alternative design, which was not unreasonable in terms of cost and other factors, would have prevented the injury. If they prove this, you may recover damages for your injuries.

The User’s Conduct

The attorney will also consider how the power saw was being used when the injury occurred. This process ensures that the injured did not contribute to the injury by using the tool in a manner the manufacturer did not intend. Take, for example, a power saw designed to cut trees. If you use such a tool to slice bread and get injured in the process, you may not be able to sue the product manufacturer or any other party for your injuries.  

The Materials of the Power Saw

The attorney will also consider the materials or features used to design and build the power saw. Were these materials safe enough for use on these machines? Was there a safer material or part that could have prevented the injury? Or did the manufacturer opt for cheap, low-quality materials to cut costs and increase profits? These are just some critical questions that could arise from power saw injury claims or lawsuits.

The answer to this question will depend on the specifics of your injury. Generally, when workers get injured at work, they can file a worker’s compensation claim. The same applies if you get injured while using a power saw.

However, it is worth noting that workers’ compensation insurance only covers medical expenses and lost wages. As a result, you may not recover compensation for damages such as pain and suffering, loss of enjoyment of life, etc.

To recover such damages, you will need to file a power saw injury lawsuit against your employer. But there’s a catch; to have legal grounds to file such a lawsuit, you must prove that your employer intentionally caused the injury. For example, if you had an argument with your employer and they pushed you to the power saw, causing injuries, you may file a lawsuit against them.

You can also sue them for not having worker’s compensation insurance. If you win the claim, you may recover economic and non-economic damages.

Yes, in some cases, you can file a worker’s compensation claim and a separate lawsuit against the product manufacturer. Such a case falls under product liability, a legal principle that holds a product manufacturer responsible for injuries caused by a defective product. Therefore, for such a lawsuit to proceed, you must show that you got injured by the faulty power saw.

An experienced attorney should be able to let you know the best approach for such a case. Depending on the specifics of your case, you may file a workers’ compensation claim, a product liability lawsuit, or both.

Economic damages cover financial losses incurred due to the power saw injury. Some examples of economic damages include medical bills, the cost of rehabilitation, lost wages, and lost earning potential.

On the other hand, non-economic damages include pain and suffering, loss of enjoyment of life, permanent disfigurement, and more.

When you file a power saw injury lawsuit, the other party won’t write you a blank cheque to compensate you for your injuries. Rather, they will likely put up a strong fight to dismiss your claim.

Some possible defenses against such claims include:

You did not use the power saw as intended. As mentioned, the defense attorney will want to find out what exactly happened before the injury. If they discover that you did not use the tool as the manufacturer intended, even though the instructions and warnings were clear, they may use that as a defense.

You will also be barred from pursuing legal action if the statute of limitations has expired. When you bring a power saw injury claim or lawsuit, the other party will consider whether the deadline for filing such a claim has passed. Most states have a two-year statute of limitations for bringing such claims. So if you file a claim later than two years from the date of the injury, you will lose your right to pursue compensation.

The defense could also claim that you modified the tool, increasing its chances of causing the injuries you sustained. Some power saws can be modified to enhance their performance, but since these modifications are rarely done safely, the defense could use this as an excuse to dismiss your claim.

Lastly, the defense could blame another party down the supply chain for the injuries. For example, if the product did not have any manufacturing defects but was damaged by the supplier during shipping, harming the user, this could be a valid defense.

The bottom line is that the defense has different pathways to fight against such claims. For this reason, you need an experienced attorney who knows how to prepare for the various scenarios that could arise when you bring such a claim or lawsuit against the other party.

Various factors will determine the exact value of your power saw injury claim. In most cases, the more severe your injuries, the higher compensation you may be entitled to. However, factors such as your contribution to the accident could determine the value of your lawsuit.

To put things into perspective, in some states, plaintiffs cannot recover any damages if they are even 1% at fault for such injuries. However, in other states, plaintiffs can recover compensation even if they were 99% responsible for the accident.

In addition, the steps you take after the injury will influence how much compensation you may be entitled to. This explains why following the steps we discussed earlier is always important. And, whenever in doubt, you are better off consulting an attorney than discussing the injury with the other party.

An attorney will always have your best interests at heart. On the other hand, the other party may seem caring and understanding, but only because they do not want you to hire a lawyer. Rather, they would want to settle the claim as fast as possible to prevent you from realizing how a seasoned attorney can help in such situations.

Another thing you need to know is that if you agree to settle the claim and accept the settlement offer, you cannot change your mind afterward. This applies even if you discover that the offer is way lower than what you were entitled to, which is highly likely. Therefore, consider contacting an attorney for a case evaluation to find out how to proceed with such a case.

Power saw injuries are usually painful. Some might change your life forever. For example, you might not be able to return to work, and if you do, you may not be able to perform certain tasks like you used to. In addition, such injuries lead to high medical bills. As a result, you will likely need several surgeries, physical therapy sessions, and expensive medication.

Sadly, your medical insurance might not cover such injuries. Those that do may only cover a small percentage of the medical bills. And that is not the only thing you should be concerned about; your normal bills, such as rent, mortgage, car payments, utilities, tuition, etc., will keep piling even as you receive treatment for your injuries.

So how do you get yourself out of such a financial mess? That answer is simple; contacting a Morgan & Morgan power saw injury lawyer. As the largest personal injury law firm in the United States, we can fight for you or your loved one, ensuring you receive the compensation you need and deserve after such a horrific injury. Our attorneys have the experience and resources they need to win such claims. And if the other party is unwilling to cooperate, they will see us in court.

Don’t suffer in silence when the injured are getting compensated. Fill out our free case evaluation form to find out whether you have a valid case.