Unfortunately, injuries at construction sites are highly likely.
You may wonder if you have legal recourse if you have been injured while working at a construction site. The answer to that question depends on several factors, which we will outline below. But first, it is important to understand that every case is unique, and you should always consult with a qualified construction accident injury attorney to get specific advice about your situation.
Now, let’s look at some of the most common questions about construction site injuries.
Determining Whether You Have a Case
The first step in filing a lawsuit is to understand whether you have a case or not. To do this, you’ll need to ask yourself three questions:
- Did someone else’s negligence caused your injury?
- Are you able to prove that negligence?
- Does your state have laws that protect your right to sue for damages?
If you can answer “yes” to all three of these questions, then you likely have grounds for a lawsuit. However, it’s important to remember that each case is unique and that the best way to know whether or not you have a case is to speak with an experienced construction injury lawyer.
Filing Your Lawsuit
Filing a lawsuit can be complex and time-consuming, so it’s important to have an attorney on your side who can help guide you through the process and ensure that all deadlines are met.
Here’s how your attorney can help:
Gather evidence
This evidence can include eyewitness testimony, photos or videos of the accident scene, and medical records. An experienced attorney will know how to obtain this evidence and will work to build a strong case on your behalf.
Help with negotiations
This can be difficult, as insurance companies are often reluctant to pay large settlements. An experienced attorney will know how to negotiate with insurance companies and fight for the best possible settlement for you.
Filing lawsuit
This is a complex process, and it is important to have an experienced attorney by your side throughout the process. An attorney will ensure that all necessary paperwork is filed and will represent you in court if necessary.
Damage recovery
If your claim is successful, you may be entitled to recover damages for your injuries. These damages can include payments for your pain and suffering. An experienced attorney will fight for the full amount of damages you are entitled to under the law.
Defenses to a Construction Site Injury Lawsuit
There are a few defenses that companies and individuals can use if you file a lawsuit against them after a construction site injury. These defenses include:
Assumption of risk
This defense says that you knew of the risks of working at a construction site and that you voluntarily assumed those risks. This defense is often used in cases where the worker was not provided with proper safety equipment or where the worker did not follow safety protocols.
Contributory negligence
This defense says that you were partially to blame for your injuries. For example, the company could argue that your negligence contributed to your injuries if you were not wearing proper safety gear or not following safety protocols.
Workers’ compensation
This defense says you are not entitled to sue for damages because workers’ compensation insurance covers you. Workers’ compensation is a state-mandated insurance program that benefits workers injured on the job.
Mistakes to Avoid When Hiring a Construction Injury Lawyer
Construction injury cases can be complex, and you want to ensure that you have an experienced and knowledgeable attorney in this area of the law.
Here are some mistakes to avoid when hiring a construction injury lawyer:
- Hiring a lawyer who does not have experience handling construction injury cases.
- Failing to interview several lawyers before hiring one.
- Hiring the first lawyer you meet without doing any research on them.
- Not getting a written fee agreement from the lawyer you hire.
- Failing to communicate openly and honestly with your lawyer about your case.
By avoiding these mistakes, you can increase your chances of finding a qualified and experienced construction injury lawyer who will fight for your rights and get you the compensation you deserve.
Final Word
As we mentioned at the beginning of this post, every construction site injury case is unique. You should consult an experienced attorney to get specific advice about your situation.
However, we hope this post has given you a general understanding of some key issues that will be considered in determining whether or not you have a case. If you have any further questions or want to discuss your situation, feel free to comment down below.
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