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Litigation Funding Blog

Wrongful Death Lawsuit Reveals Worker Partially Scalped, Asphyxiated

September 15, 2016

Francisca Gomez died on-the-job at Crookham Co. Seed. Her hair got caught in a piece of machinery.

According to the documents filed in this wrongful death lawsuit, Gomez was not the first person to have caught their hair in a moving piece of machinery at the seed plant or their clothing entangled in conveyors in other plant locations. One of the workers who previously had their clothing seized by a conveyor belt was Francisca Gomez’s daughter.

Just prior to her death, Gomez was cleaning a seed treater/picking table. As she crawled under the table to clean the area, her hair became wound up in the machine. According to the coroner, she died as a result of being partially scalped, sustaining significant blood loss and traumatic asphyxia.

The lawsuit alleges negligence on the part of the company for not adhering to operating manual instructions for the table that cautioned there were several steps to follow to ensure the safety of workers using the equipment. The instructions said the table was to be disabled and workers given hard hats to complete their job.

Allegedly, Gomez was intentionally not given a hard hat and told to clean the table while the system was operating. Furthermore a post-accident safety assessment revealed several safety concerns, hazards, violations and dangerous conditions.

Other allegations in the statement of claim suggest the employer did nothing to save Gomez and instead ordered others in the same area to keep working. Some were working a few short steps from the body after the accident. The Occupational Safety and Health Administration (OSHA) issued a significant penalty for serious infractions in relation to the death of Francisca Gomez.

The Gomez family would have been faced with unexpected funeral and burial expenses in addition to trying to cope with their usual monthly financial obligations. They may wish to consider applying for a lawsuit cash advance.

A lawsuit loan is cash advanced to you to pay for your attorney. Also referred to as pre-settlement funding, legal funding, case financing or litigation funding, it helps you immediately while your lawyer works on your case to get it to court.

While many people wonder if a lawsuit loan is based on an individual’s credit rating, litigation funding is not based on an applicant’s credit history. The funds are sent to an approved plaintiff to cover legal and other expenses for their personal injury case, provided they have an attorney of record. If your case does not succeed, you keep the lawsuit loan with no strings attached. It’s certainly worth checking out.

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