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Litigation Funding Blog

Man Dies After Becoming Entangled in an Auger

March 14, 2016

Steven Garcia became entangled in an auger in a blasting room while working on the premises of The Modern Group and/or Dragon Products and succumbed to his severe injuries.

Garcia’s father filed a wrongful death lawsuit alleging his son experienced pain and anguish from his severe injuries prior to his death. The lawsuit seeks exemplary damages to $6 million, and actual, punitive and consequential damages to $3 million.

Monty Garcia, of Galveston, Texas, the father of deceased Steven Garcia, filed a wrongful death lawsuit seeking over $9 million in damages for the death of his son. According to papers filed in the statement of claim, the younger Garcia was building “frac” tanks using sandblasting equipment and techniques. Steven became entangled in an auger and sustained severe, fatal injuries.

The named defendants in the lawsuit are The Modern Group GP Inc., Dragon Products Ltd., Breco Inc. and Personnel Staffing. It is alleged that they failed to properly train and supervise the deceased, have proper safety procedures in place or other safeguards to protect workers, and that the facility used to build “frac” tanks was not designed with safety in mind.

Personal Staffing stated it subscribes to worker’s compensation and the plaintiff’s claims should be dismissed according to the exclusive remedy provision of the Texas Worker’s Compensation Act. The Modern Group and Dragon Products said they did not control the premises where Garcia was fatally injured and that the Texas Worker’s Compensation Act bars the plaintiff’s claim.

Garcia’s father. would have had a lot of bills to pay for his son’s initial care at a hospital. The funeral and burial costs would also be high. In order to meet his financial obligations and pay his usual bills, he may want to check into litigation funding. Pre-settlement funding is also referred to as a lawsuit loan, and the benefits it offers to financially distressed plaintiffs are appealing.

Plaintiffs may apply online or by calling the litigation funding company and speaking to a highly trained representative about how to apply for a lawsuit loan. The plaintiff must have an attorney working with them and be able to provide all required documentation. Once the lawsuit loan company has assessed and approved an application, funds are sent directly to the plaintiff’s bank account. Typically, the money arrives within 48 hours or less.

There are no upfront fees to pay, no monthly payments to make, no credit check required, and should the plaintiff lose their case in court, they may keep the litigation funding with no strings attached. A lawsuit loan may be the right thing for many, but it is not necessarily suitable for everyone, as case circumstances vary. However, it is a good idea to research various options to figure out how to pay the bills while waiting for a case to be handled.

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