OSHA Complaints And Workplace Injury Claims: Why Safety Violations Matter After A Serious Jobsite Injury

When a worker is badly hurt on the job, the first questions are often simple and painful: What happened? Could this have been prevented? Who is responsible? That is where an OSHA complaint can become part of a much bigger legal picture.

Many people think of an OSHA complaint as just a workplace report. They think of forms, inspections, and agency rules. But after a serious accident, an OSHA complaint may also matter in a personal injury case. It may help show that a hazard existed, that workers had complained before, or that a company failed to take basic safety steps seriously.

At our firm, we know a workplace injury is rarely just a workplace issue. A serious fall, crushing injury, electrocution, burn, or equipment failure can affect every part of a person’s life. It can lead to lost income, long-term medical care, permanent disability, and strain on an entire family. That is why our team looks at more than whether an accident happened. We look at why it happened, whether it could have been prevented, and whether another company or third party may be legally responsible.

What Is OSHA?

OSHA stands for the Occupational Safety and Health Administration, which is the federal agency responsible for workplace safety and health standards.

OSHA creates and enforces rules meant to reduce serious injuries and deaths on the job. It investigates safety complaints, inspects worksites, and may issue citations when employers fail to follow required standards.

That matters from a personal injury standpoint because OSHA often deals with the same kinds of dangerous conditions that lead to catastrophic harm. When a worker is injured because of a missing guardrail, a trench collapse, unsafe machinery, electrical exposure, or lack of fall protection, OSHA may become involved because those dangers are tied directly to workplace safety rules.

In other words, OSHA is not just part of the safety conversation. In some cases, it becomes part of the evidence conversation too.

What Does OSHA Regulate?

OSHA regulates workplace safety and health hazards in industries like construction, manufacturing, warehousing, shipping, and general industry. Its rules cover many of the conditions that often appear in serious injury cases, including:

These are not minor issues. They are often the very hazards that leave workers with traumatic brain injuries, spinal cord injuries, severe fractures, amputations, burns, or fatal injuries.

That is one reason OSHA safety issues matter so much in injury litigation. They may help explain not only how a worker was hurt, but whether the danger had been building for days, weeks, or even months before the incident.

What Is An OSHA Complaint?

An OSHA complaint is a report about unsafe or unhealthy working conditions.

A worker may file a complaint when a jobsite is dangerous or when safety standards are not being followed. Sometimes that happens before anyone is injured. Other times, workers speak up only after a serious accident exposes a hazard that had been ignored.

From a personal injury law angle, the value of an OSHA complaint is often not the complaint itself. The value is what it may help prove. For example, an OSHA complaint may help show:

That can matter in cases where our team is investigating whether a worker may have a claim beyond workers’ compensation.

Why OSHA Complaints Matter In Personal Injury Cases

This is the part many injured workers do not hear enough about.

After a jobsite injury, workers’ compensation may cover certain benefits. But workers’ compensation does not always tell the whole legal story. In some cases, another company or third party may share responsibility for what happened. That may open the door to a separate personal injury claim.

An OSHA complaint may become important in that process because it can help uncover facts that point toward liability.

It May Help Show The Injury Was Preventable

Many serious work injuries are described as accidents. But some are only called accidents because no one took a close enough look at the safety failures that came first.

If workers had complained about a broken ladder, unstable scaffold, exposed wiring, missing machine guard, or repeated trench danger, that may help show the injury was not random. It may help show the harm could have been prevented if someone had acted sooner.

That is often a major issue in serious personal injury cases.

It May Help Show Notice Of A Dangerous Condition

One of the biggest questions in many injury claims is whether the danger was known before the incident happened.

An OSHA complaint may help establish notice. In other words, it may help show that someone had reason to know workers were exposed to a serious hazard. That can be important when building a case around negligence or third-party liability.

It May Help Preserve Evidence After A Serious Incident

Evidence has a way of disappearing after a major workplace injury. A machine gets repaired. A scaffold gets taken down. A trench gets filled. People change their stories.

When OSHA investigates, there may be photos, inspection notes, witness statements, citations, and other records created close in time to the event. Those materials may become important if there is later disagreement about what the worksite looked like or what safety failures were present.

Things like this can make a real difference in a personal injury investigation.

It May Help Identify More Than One Responsible Party

A serious workplace injury is not always the fault of one employer alone.

On many jobsites, there may be a general contractor, subcontractor, staffing company, property owner, maintenance company, vendor, or equipment manufacturer involved. In transportation-related work injuries, there may also be a third-party driver. In machinery cases, a product defect may play a role.

OSHA complaints and investigations may help reveal who controlled the area, who was responsible for equipment, or who failed to fix a known danger. Personal injury cases often turn on identifying every party that may have contributed to the harm.

How Does OSHA Enforce Its Standards?

OSHA enforces workplace safety standards through inspections, investigations, citations, and penalties. It may respond to complaints, serious injuries, deaths, or reports of dangerous conditions.

For injured workers, the legal value is not simply that OSHA takes action. The more important issue is what OSHA uncovers along the way.

If OSHA finds that a company failed to address a known hazard, ignored safety rules, or exposed workers to serious danger, those findings may become part of the factual background in a personal injury case. They do not automatically prove legal liability, but they may help support a broader claim that the injury was tied to preventable safety failures.

That is especially true when the injury involves catastrophic harm and the case requires a deep look at what went wrong before the incident.

How Can You File A Report With OSHA?

Workers can report unsafe conditions to OSHA through several channels, including online, by phone, by mail, or through a local office. A report may be made by the worker or by a representative.

From a legal perspective, though, the larger issue is timing and documentation. If a dangerous condition is reported before a serious injury happens, that report may later become evidence that the hazard was already known. If the complaint is filed after the injury, it may still help trigger an inspection or preserve information about unsafe conditions at the site.

Either way, an OSHA complaint may become one important piece of a larger claim.

OSHA Complaints Do Not Replace A Personal Injury Investigation

An OSHA complaint is not the same thing as a lawsuit. It is not the same thing as a workers’ compensation filing either. It does not automatically prove negligence, and it does not guarantee that an injured worker will recover damages through a personal injury claim. But it may still matter a great deal.

At our firm, we do not look at OSHA in isolation. We look at OSHA findings alongside contracts, maintenance records, photographs, witness statements, incident reports, employer communications, and the role of third parties. That fuller investigation may show that the case involves more than a basic job injury. It may show that another person or company failed to act with reasonable care.

That is often where a real personal injury case begins.

When OSHA Issues Often Appear In Serious Injury Claims

These are not small claims. They are often high-damage cases involving surgery, permanent impairment, future care needs, lost earning ability, or wrongful death.

OSHA-related issues often come up in cases involving:

That is why it is so important to ask not only whether a worker was injured, but whether OSHA violations, ignored hazards, or third-party failures played a role in causing the harm.

Workers’ Compensation May Not Be The End Of The Story

One of the biggest mistakes people make after a workplace injury is assuming there is only one path forward.

In many Virginia work injury cases, workers’ compensation is part of the process. But there are situations where a third-party claim may also exist. If a non-employer caused or contributed to the danger, the injured worker may have a separate personal injury claim for damages that workers’ compensation may not fully address.

That is one reason OSHA complaints can matter so much. They may help uncover facts that point beyond the employer-employee relationship and toward a larger negligence case.

For example, a third-party claim may arise when:

In those cases, OSHA records may help connect the dots.

What About Retaliation After Reporting Unsafe Conditions?

In some cases, the legal problem does not stop with the injury.

A worker may report dangerous conditions, cooperate with an investigation, or raise concerns after an accident and then face backlash. That might mean reduced hours, a demotion, job loss, or other mistreatment.

From our perspective, that can matter because it may show a company was more focused on avoiding blame than addressing safety. It may also create a separate legal issue that should be reviewed closely.

Workers should not be punished for speaking up about conditions that put lives at risk.

Why This Matters To Injured Workers And Families

A serious workplace injury can change everything in a moment. A person who was earning a living one day may be facing surgery, rehabilitation, pain, and uncertainty the next. Families may suddenly be trying to figure out how bills will be paid and what the future will look like.

That is why the safety issue cannot be separated from the injury issue. When an OSHA complaint exists, it may help tell the story of what went wrong. It may show that danger was ignored. It may show that warnings were missed, and resulted from preventable failures.

How Breit Biniazan Helps Injured Workers

At our firm, we believe injured workers deserve more than surface-level answers. We represent workers and families who have suffered because of negligence on industrial job sites. We understand how overwhelming it is to face a catastrophic injury or the sudden loss of a loved one while also trying to navigate insurance systems, employer responses, and complex legal processes. 

Time matters in these cases, and the sooner you speak with an attorney, the better positioned you will be to protect your claim.We are here to listen, to answer your questions, and to fight for the justice you and your family deserve. 

Contact Breit Biniazan today at (855) 659-4457 to schedule your free consultation.

The OSHA Fatal Four: What Workers and Families Should Know

Construction work helps build roads, homes, schools, and hospitals. With this crucial work, comes serious risks. OSHA warns that four types of hazards cause a large share of deadly construction accidents: falls, struck-by incidents, caught-in or -between incidents, and electrocutions. 

OSHA calls these the “Fatal Four.” These injuries have caused most construction-related deaths, and OSHA’s QuickCard lists those same four categories as the top four causes of construction fatalities.

This guide explains what the Fatal Four are, why they matter, and what workers and families should know about these deadly construction hazards.

What Are the OSHA Fatal Four?

For workers, the Fatal Four are not just safety terms. They describe the kinds of events that can change a life in seconds. For families, they help explain how many job site deaths happen and why safety rules matter so much. When a worker is badly hurt or killed on a construction site, the impact can reach every part of a family’s life, from income and medical care to grief and long-term uncertainty.

The OSHA Fatal Four are:

The problem is still serious today. According to the U.S. Bureau of Labor Statistics, the construction industry had 1,075 fatal work injuries in 2023, the highest total for that sector since 2011. In that same year, falls, slips, and trips accounted for 421 construction deaths, or 39.2% of all construction fatalities.

That number helps show why the Fatal Four matter. Falls alone remain a major danger, but workers also face deadly risks from moving equipment, collapsing materials, trench hazards, live wires, and unsafe machinery. Understanding each category can help workers recognize danger sooner and help families better understand what may have gone wrong after a serious incident.

Why the Fatal Four Matter in Construction

Construction sites change fast. A safe area in the morning may become a minefield by the afternoon. New crews arrive. Heavy equipment moves in and out. Openings and manholes are uncovered. Power lines may be closer than they look. Trenches can shift. Loads can swing overhead.

OSHA describes construction as a “high hazard industry” and notes that workers may be exposed to serious dangers such as falls from rooftops, being struck by heavy equipment, and electrocutions. One out of every five workplace fatalities is a construction worker, so caution is essential in this profession.

That is one reason the Fatal Four get so much attention. These hazards are common, deadly, and often preventable with better planning, training, supervision, and job site controls. When those protections break down, workers and their families can pay the price.

Falls: The Leading Fatal Four Hazard

Falls are widely recognized as the leading cause of death in construction. OSHA’s QuickCard lists falls first among the top four construction hazards, and BLS reported 421 fatal falls, slips, and trips in construction in 2023. 

A fall hazard can involve:

Some falls happen from great heights, but not all do. BLS reported that, in 2023, many fatal falls to a lower level in construction happened from heights between 6 and 30 feet.

While some workers may assume a shorter fall is less dangerous, a fall from a ladder, scaffold, platform, or partially built structure can still be deadly. Head injuries, spinal cord damage, internal injuries, and other catastrophic harm can happen in an instant.

Struck-By Incidents: When Objects, Vehicles, or Equipment Hit a Worker

A struck-by incident happens when a worker is hit by a moving object, vehicle, tool, or piece of equipment. These incidents may involve:

Struck-by incidents are especially dangerous on busy job sites where many trades are working at once. Noise, blind spots, tight spaces, poor communication, and rushed schedules can all increase the risk. Something as simple as standing in the wrong place at the wrong time can lead to a devastating injury.

These accidents can be devastating to those involved, and can have a life-long impact on the victim and their family. 

Caught-In or -Between Hazards: Crushing and Compression Dangers

Caught-in or -between incidents happen when a worker is squeezed, crushed, pinched, or compressed between objects. These events can be deadly and are often tied to machinery, collapsing materials, trench hazards, and moving equipment.

Common examples can include a worker being:

These incidents are often violent and sudden. A worker may have little or no time to react. In trench or excavation cases, the collapse itself may happen without warning. In machinery cases, missing guards, poor lockout procedures, or unsafe maintenance practices can turn routine work into a fatal event.

One reason this hazard is so serious is that it can affect breathing, circulation, and major organs within seconds. Even when a worker survives, the injuries may be life-changing.

Electrocutions: Hidden and Deadly Job Site Risks

Electrocution is another major Fatal Four category. Electrocutions are among the top four causes of construction fatalities, as workers may be exposed to electrical hazards throughout the course of normal job site activity.

Electrocution risks can involve:

Electrical injuries may cause burns, heart damage, nerve injuries, falls from height, and death. What makes electrocution especially dangerous is that the hazard may not be obvious. A live wire may not look different from a safe one. Moisture, metal surfaces, and damaged protective equipment can also raise the risk.

Workers’ Compensation in Virginia After a Fatal Four Accident

In Virginia, many injured workers must begin with a workers’ compensation claim. The Virginia Workers’ Compensation Act governs that system, and the Virginia Workers’ Compensation Commission provides claim forms, filing information, and guidance for injured workers.

Workers’ compensation can be very important after a serious workplace injury because it may provide access to medical benefits and wage-related benefits without requiring the worker to prove a traditional negligence case against the employer. But it also has limits. In many covered cases, this may be a victim’s only legal recourse against the employer.

This is why prompt reporting to the proper departments is critical. Some workers think that reporting the accident to a supervisor is enough, but it may not be. Virginia law separately requires notice of the accident and filing of the claim, so be aware of these steps if you or a loved one is injured on the job.

When a Workplace Accident May Also Lead to a Personal Injury Lawsuit

One of the biggest legal issues in Fatal Four cases is whether there is a third-party claim in addition to workers’ compensation.

That question often comes up when the injured worker’s direct employer did not create the hazard. A worker may be hurt by:

In cases like those, a separate personal injury lawsuit may be possible against the third party, while workers’ compensation may still apply through the employer relationship. Virginia’s third-party recovery statute addresses that situation and gives the employer certain rights tied to the worker’s recovery.

This is one reason Fatal Four cases can become legally complex very fast. A family may be dealing with medical treatment, missed work, disability questions, multiple insurance carriers, and more than one potential defendant.

Wrongful Death Claims After a Fatal Construction Accident in Virginia

When a Fatal Four accident takes a worker’s life, the case may involve wrongful death issues as well as workers’ compensation death benefits.

Virginia’s wrongful death statute sets the time limits for wrongful death actions. In general, a wrongful death action must be brought within a two-year limitations period. Virginia also generally gives two years for personal injury actions, unless another statute applies.

In a fatal construction case, the legal path may depend on who caused the death. If the death is covered by workers’ compensation and involves the employer, that system may control the claim against the employer. If a third party caused or contributed to the death, a wrongful death lawsuit may also be possible depending on the facts. 

Why Legal Timing Matters After a Fatal Four Injury

After a catastrophic workplace accident, families are often overwhelmed. They are trying to get medical answers, talk to employers, manage bills, and understand what happened. In that kind of moment, legal deadlines can be easy to overlook.

But deadlines matter. A delay can affect evidence too. Job site conditions can change quickly. Equipment can be moved. Witness memories can fade. Contractors may point fingers at each other. In serious Fatal Four cases, understanding the legal framework early can make a major difference in how a claim is investigated and pursued.

How Fatal Four Accidents Affect Families Beyond the Job Site

A Fatal Four accident does not stop at the construction gate. A fall, crush injury, struck-by impact, or electrocution can affect every part of a family’s life. There may be emergency surgery, rehabilitation, lost income, long-term disability, and sudden caregiving needs. In fatal cases, families may be left without the person they depended on most.

That is why these cases are about more than paperwork. They are about accountability, financial stability, and getting clear answers after a traumatic event. Whether a claim involves workers’ compensation, a third-party injury lawsuit, a wrongful death claim, or some combination of the three, the legal issues are often complex and draining.

Do You Need an Attorney After a Fatal Four Injury in Virginia?

If you or your family is dealing with a serious construction accident involving a fall, struck-by incident, caught-in or -between event, or electrocution, Breit Biniazan Trial Lawyers may be able to help you understand what options may be available under Virginia law. These cases can involve workers’ compensation questions, third-party liability issues, and wrongful death claims, all at the same time.

Our team understands how overwhelming a catastrophic workplace injury can be. We can review the facts, explain how Virginia law may apply, and help your family pursue answers after a serious or fatal construction accident. Contact us today for more information.

Industrial Job Site Accident in Buckeye, AZ: Safety Lessons

Construction is among the most dangerous industries in the United States, and Arizona's rapid growth has only increased the number of workers exposed to serious risks every day. When something goes wrong on a job site, the consequences can be devastating and permanent. 

A recent tragedy in Buckeye is a painful reminder of just how quickly a working day can turn fatal, and why job site safety and legal accountability matter so much.

What Happened in Buckeye?

On February 11, 2026, 52-year-old Luis Valdez was fatally struck by a loader operated by a coworker at a construction site near MC 85 and Miller Road in Buckeye, Arizona. The site is the future location of Buckeye Easy Storage. According to reports, the incident occurred during backfilling operations. 

Buckeye Police and the Arizona Division of Occupational Safety and Health, known as ADOSH, are actively investigating the circumstances of his death. The contractor stated that safety protocols had been followed, though the investigation remains ongoing. It is important to keep in mind that, even with safety measures in place, even one procedural lapse can cause irreparable harm. 

Luis Valdez's death is a heartbreaking loss for his family and a sobering moment for the construction community across Maricopa County, which continues to see rapid development and a growing demand for skilled construction labor. 

Common Causes of Industrial Accidents

Heavy equipment like loaders, excavators, and forklifts is involved in a disproportionate share of construction fatalities. OSHA's "Fatal Four" categories have long identified the most common causes of deadly construction accidents:

Beyond the Fatal Four, industrial accidents are also caused by inadequate worker training, poor site communication and spotting procedures, failure to establish exclusion zones around operating heavy equipment, equipment malfunction or defective machinery, and supervisor negligence or pressure to work quickly in unsafe conditions. 

In a fast-growing region like Maricopa County, where development timelines are aggressive and labor is in high demand, corners are sometimes cut in ways that put workers at serious risk.

OSHA Safety Standards for Job Sites

Federal and state OSHA regulations exist specifically to prevent tragedies like the one that claimed Luis Valdez's life. For heavy equipment operations, OSHA standards require employers to establish clear procedures to ensure no worker is in the path of moving equipment, designate trained spotters when operator visibility is limited, provide thorough training on equipment operation and site hazard awareness, and maintain all machinery in safe working condition.

ADOSH, which enforces workplace safety standards in Arizona, has the authority to investigate workplace fatalities, issue citations, and impose penalties on employers who fail to meet their obligations. An ADOSH investigation finding violations does not automatically resolve a family's legal claims, but it can be meaningful evidence in a subsequent legal proceeding.

Legal Rights After an Industrial Accident

If you or a family member has been injured or killed in a construction or industrial accident in Arizona, understanding your legal options is critical. Arizona law sets specific time limits for pursuing claims, and waiting too long can permanently bar you from recovery. 

In most cases, the statute of limitations for a personal injury claim in Arizona is two years from the date of injury, and two years from the date of death for a wrongful death claim. Acting quickly to consult an attorney protects your rights.

Workers' Compensation

In Arizona, most injured workers are entitled to workers' compensation benefits regardless of fault. These benefits can cover medical treatment, a portion of lost wages during recovery, and permanent disability benefits if the injury results in lasting impairment. 

For families who have lost a loved one, workers' compensation may provide death benefits to surviving dependents. However, workers' comp benefits are limited in scope and do not account for the full human cost of a serious injury or death, including pain and suffering or the loss of a parent or spouse.

Wrongful Death

When a worker is killed on a job site due to someone's negligence, Arizona law allows surviving family members to pursue a wrongful death claim. This is separate from and in addition to workers' compensation. A wrongful death claim can seek compensation for the family's loss of financial support, loss of companionship and guidance, grief and emotional suffering, and funeral and burial expenses. These claims require proving that negligence by another party caused the death, which is where experienced legal representation makes an enormous difference.

Third-Party Liability

Not every construction accident is solely the responsibility of the direct employer. In many cases, a third party shares liability, and pursuing that claim can significantly increase the compensation available to an injured worker or grieving family. 

Potentially liable third parties in a job site accident may include: 

Third-party liability claims are not subject to the same caps that limit workers' compensation benefits, making them an important avenue for full and fair recovery.

Breit Biniazan: Advocating for AZ Workers

At Breit Biniazan, we represent workers and families who have suffered because of negligence on industrial job sites. We understand how overwhelming it is to face a catastrophic injury or the sudden loss of a loved one while also trying to navigate insurance systems, employer responses, and complex legal processes. 

Our attorneys handle the full scope of these cases, including workers' compensation coordination, wrongful death claims, third-party liability investigation, and defective machinery litigation.

If you lost someone in a workplace accident, or if you were seriously hurt on a construction site in Arizona, you deserve to know exactly what your rights are and what compensation may be available to you. Time matters in these cases, and the sooner you speak with an attorney, the better positioned you will be to protect your claim.We are here to listen, to answer your questions, and to fight for the justice you and your family deserve. Contact Breit Biniazan today at (855) 659-4457 to schedule your free consultation.

What Has to Be Proven in an Arizona Dram Shop Claim?

Arizona’s dram shop laws allow injured people and grieving families to hold bars, restaurants, and other licensed alcohol providers accountable when overserving leads to serious harm. While the concept sounds straightforward, dram shop claims are detail-driven and often contested aggressively by businesses and their insurers.

If you’re wondering what actually has to be proven in an Arizona dram shop claim, the answer comes down to a few specific legal elements set out under state law. Missing even one of them can make or break a case.

At Breit Biniazan, our attorneys can break down what Arizona law requires, how these cases are proven, and why early investigation matters.

Arizona Dram Shop Law and Legal Requirements

Arizona dram shop claims are governed primarily by A.R.S. § 4-311. This law does not make bars automatically responsible for everything a customer does during or after drinking. Instead, it sets a clear legal standard that must be met before liability applies.

To succeed, the injured party must show that the alcohol provider’s actions went beyond normal service and crossed into legally recognizable misconduct. The focus is not just on drinking, but on overserving someone who showed visible signs of intoxication and the chain of events that followed.

Selling Alcohol to an Obviously Intoxicated Person in Arizona

One of the most important elements in any Arizona dram shop claim is proof that alcohol was sold to someone who was obviously intoxicated at the time of service.

Arizona law looks at outward, observable signs and not just blood alcohol content.

Signs of obvious intoxication may include:

The key concern is whether a reasonable person serving alcohol would have noticed these signs while continuing to sell drinks.

This part of the case often turns on witness testimony, video footage, and employee observations. Bars frequently argue that intoxication was not apparent, which makes this element one of the most disputed in dram shop litigation.

Proving the Alcohol Sale Contributed to Intoxication

The next requirement focuses on causation. It must be shown that the alcohol sold by the bar or restaurant contributed to the person’s intoxication, regardless of if that person had consumed alcohol somewhere at some point.

This becomes especially important when a person visits multiple locations or drinks before arriving at the business. Defense teams often argue that another establishment or private drinking was the true source of intoxication.

In Arizona dram shop claims, this issue is addressed by looking at timing, drink volume, receipts, and witness accounts to establish that the alcohol served played a meaningful role in the intoxication that followed.

Linking Intoxication to Injury or Death

Arizona law also requires proof that the intoxication caused the injury, crash, or fatal event. This connection must be direct enough to show that the harm would not have occurred in the same way without the intoxication. Common scenarios include:

Investigators often rely on police reports, crash reconstructions, and toxicology results to establish this link. Bars and insurers frequently try to break this connection by pointing to other factors, such as speeding, weather conditions, or third-party actions. Strong dram shop claims anticipate these arguments early.

Potential Damages Available in an Arizona Dram Shop Claim

Damages may include medical expenses, lost income, permanent injuries, or wrongful death losses. In fatal cases, surviving family members may pursue compensation for loss of companionship, financial support, and funeral costs.

Evidence Used to Prove Dram Shop Liability in Arizona

Because dram shop claims rely on proof of behavior and timing, evidence tends to disappear quickly. Early action often makes the difference between a strong case and one that falls apart. Common evidence can include:

Each piece helps reconstruct what the bar knew, or should have known, before continuing to serve alcohol to an intoxicated person.

Why Arizona Dram Shop Claims Are Often Challenged

Alcohol providers rarely admit fault. Many cases involve lost footage, uncooperative witnesses, or arguments that intoxication was not visible. Businesses may also claim employees followed training protocols or that the customer appeared fine when served.

These defenses make dram shop cases more complex than standard injury claims. They also explain why detailed investigation and trial-level preparation are often necessary.

When a Bar May Not Be Liable Under Arizona Law

Not every alcohol-related injury leads to dram shop liability. Arizona law limits responsibility in situations where intoxication was not apparent, alcohol was not sold directly, or another event clearly caused the harm.

Contact Breit Biniazan for Legal Guidance on Dram Shop Claims

With over $2 billion won and counting, our firm is built on a simple principle: never settle for less. If you believe a bar or restaurant may share responsibility for an alcohol-related injury or death, contact the experienced team at Breit Biniazan in Phoenix to discuss what happened and whether Arizona’s dram shop law applies to your case.

Wrongful Death Case Results in $4.7 Million Settlement

At Breit Biniazan, we’re pleased to announce that our partner Jeffrey Breit helped secure major financial recovery for a family dealing with the devastating loss of their loved one in an industrial accident.

In the case in question, the deceased victim had been a pipe fitter working at a South Virginia paper manufacturing plant. When the plant owner decided to convert it into a tissue mill, the deceased’s employer was hired to complete the project. On October 5th, 2012, the deceased victim was asked to move a pipe for retrofitting purposes and was struck by an overhead crane operated by another contractor’s employee. After the victim’s untimely death, the surviving family members filed a wrongful death claim against the owner of the plant, as well as the contractor supervising the conversion and the contractor whose employee struck the deceased.

With the news of this $4.7 million settlement, the deceased victim’s family may be able to find some measure of comfort and peace of mind, in the wake of their tremendous loss.

How Do Personal Injury Lawyers Get Paid?

You may have wondered how personal injury plaintiffs can afford to hire attorneys when they’re already facing medical bills, lost wages, and other injury-related expenses.

Because of the financial impact that a physical injury can have on a plaintiff, a traditional dollars-per-hour fee arrangement just doesn’t make sense.

Instead, personal injury attorneys are paid on a contingency fee basis that ensures that no money changes hands until the case is resolved in the client’s favor.

Below we discuss the different types of contingency fee agreements attorneys use and how they can benefit personal injury clients.

What Is a Contingency Fee?

As the name implies, a contingency fee is a fee that’s contingent on a positive outcome for the client.

Generally, this means that if the client wins, the attorney recovers their contingent fee from the settlement or legal judgment. If the client doesn’t win, the attorney charges nothing except expenses agreed to in advance.
What kinds of lawyers use contingency fees?

Contingency fee agreements are common in cases involving:

It’s important to note that contingency fees generally only apply to the plaintiff’s side of litigation.

Someone defending against a personal injury, wrongful death, or medical malpractice claim will usually need to pay their attorney on an hourly or retainer basis.

In some cases, insurance may cover these defense costs up to a certain threshold; after that, the defendant is responsible for any remaining costs.

What types of contingency fee agreements are available?

There are several common types of contingency fee agreements.

Traditional contingent fees

These fees are a flat percentage of the plaintiff’s total recovery—often between 25% and 33%. For example, if a plaintiff’s case settles for $100,000 and the contingency fee agreement provides for a 25% fee, the plaintiff will retain $75,000 of the total.

Sometimes these fees will specifically include or exclude certain costs, like costs your lawyer incurs during discovery or filing fees. Costs that are excluded from the fee will be separately deducted from the amount recovered.

Mixed hourly and contingent fees

Here, the attorney will receive a significantly reduced hourly rate even if the plaintiff doesn’t recover any damages. However, if the attorney wins or settles the case, they may receive an additional “bonus”—either a dollar amount or a percentage of the total amount recovered—that makes up the bulk of the fee.

Sliding scale contingent fees

In this case, the fee percentage is on a sliding scale to account for the complexity of the litigation. The longer a lawsuit goes on, the more fees are generated—for example, an attorney may charge a fee of 20% if a case is settled before trial, 30% if it settles after a complaint is filed, or 40% if it goes all the way through trial.

These fees and the percentage charged are often negotiable, and many personal injury attorneys will use different fee arrangements based on the type of case, the client’s needs, and other case-related factors.

What is the percentage charged under a contingency fee agreement?

Generally, contingency fees fall between 25% and 40% of the amount recovered, with many fees set at 33% (or 1/3rd of the recovery).

Some states have laws that cap contingency fees at a certain percentage. However, Virginia uses a “reasonableness” standard that will generally uphold any fee agreement that is within this range and doesn’t otherwise violate public policy.

How does a contingency fee treat additional costs?

A straight contingency fee agreement will include costs in the fee—but for some cases, attorneys may bill costs separately.

For example, a contingency fee agreement may provide for a 25% fee plus the first $10,000 in non-fee-related costs. If the plaintiff recovers $500,000 and the attorney incurs $25,000 in costs while litigating the case, the attorney will recover a total of $135,000—$125,000 as the contingent fee and $10,000 in costs.

Benefits of Contingency Fee Arrangements

Contingency fees can benefit clients in several important ways.

You know your case has a good shot at success.

Put simply, lawyers working under contingency fee agreements don’t want to take cases they don’t think they’ll win. If an attorney takes your case under such an agreement, this means you have a high likelihood of settling or winning your case.

You don’t need to fee-shop among attorneys.

When you’re looking for someone to represent you in a personal injury case, you aren’t likely to have the time or energy to seek out multiple quotes to find the most affordable option. What’s more, when it comes to fighting for your rights in court, you also want the best representation available.

A contingent fee means you don’t have to settle for a lawyer you can “afford.” Instead, you can select the best attorney for your case or situation without having to pay more for higher-quality representation. This puts a tremendous amount of power back into the hands of those who are injured.

A contingency fee means you can select the best attorney for your case without having to pay more for higher-quality representation.

You don’t need to worry about how to pay for legal advice.

If you’ve been injured due to another person’s negligent or reckless behavior, you’re probably facing medical bills, unpaid time off work, or even a permanent disability. Meanwhile, many wrongful death cases sadly involve the death of a beloved breadwinner, putting his or her loved ones under financial strain.

A contingency fee ensures that you’ll only pay legal fees if you win your case, whether through settlement or a court judgment. This can relieve some of the financial pressure you may be feeling and allow you to focus on what’s important—recovery and moving forward.

At Breit Biniazan, our skilled personal injury attorneys only recover if you win. With a proven record of success in even the most complex personal injury, medical malpractice, and wrongful death cases, we’ll give your case the attention it deserves. Give us a call at (855) 659-4457 or contact us online to schedule a private consultation.