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Construction sites are dangerous places where serious or even fatal injuries can happen. A collapsing trench or a fall from scaffolding can cause long-term damage in seconds.
If you were injured in a construction accident, hiring a lawyer can offer key support. They may help with:
- Complete Case Evaluation — A lawyer can review your situation to see if you have a valid claim.
- Thorough Investigation — They will work to identify who can be held legally responsible for your injuries.
- Fair Damage Assessment — They help calculate your losses, including medical bills, missed work, and other expenses.
- Negotiation — They can deal with insurance companies or at-fault parties and help you seek compensation in accordance with California law.
- Court Representation — If negotiations fail, they can represent you in court.
The Occupational Safety and Health Administration (OSHA) calls construction a high-risk industry. Workers often use heavy machines, work at heights, and handle dangerous materials. These risks can lead to serious injuries. Even nearby pedestrians or residents can get hurt if safety rules are not followed.
If you sustained injuries in a construction accident, our lawyers at AK Law are ready to help. Call (888) 488-1391 for a free initial consultation.
How Construction Accident Victims Can Benefit From Hiring A Lawyer
After a construction accident, you may wonder if you need a lawyer. Some cases are simple, but many involve complex legal and insurance issues. A construction accident lawyer can support your claim in several ways:
Understanding Your Case Options And Legal Options
Construction lawyers understand safety rules and how to spot violations. They also understand the laws that may apply to your situation. A lawyer can help determine whether:
- You have a valid case.
- The accident involved federal or state safety violations.
- You can file a workers’ compensation claim.
- You may be able to sue a third party for personal injury.
If another party shares the blame, a lawyer can help you file both workers’ compensation and personal injury cases, if applicable.
Case Investigation Process
A full investigation helps uncover what caused the accident and how to build your case. Your lawyer may work with experts to better understand what went wrong.
Construction accident lawyers often team up with:
- Construction Safety Experts — These professionals are familiar with job site regulations. They can review what happened and find safety issues. Their input helps in cases involving:
- Falls from ladders, scaffolds, or roofs.
- Electrical shock or burn injuries.
- Falling tools or materials.
- Equipment malfunctions, such as crane or forklift accidents.
- Trench or building collapses.
- Lack of safety gear or training.
- Medical Professionals — Doctors can write reports explaining your injuries and how they relate to the accident.
- Law Enforcement — Police reports often include timelines, witness names, and accident details that support your case.
These experts can help your injury attorney determine the cause of the accident and identify who may be at fault. Responsible parties may include:
- Construction company
- An engineer
- Property owner
- Equipment manufacturer
- Another contractor on the site
Evidence Collection In Construction Accident Cases
Construction accident lawyers can help gather important evidence to build a well-supported case. They work to help request key records and secure witness testimony.
Examples of useful evidence include:
- Safety Inspection Reports & OSHA Records — These can help show whether the company followed safety rules.
- Maintenance Logs & Defect Reports — These can help point out equipment problems that might have caused the accident.
- Testimonies From Subcontractors — These workers can offer details about the site and safety rules.
- Communication Records — These messages or emails can help explain how the supervisors or managers made decisions before the accident.
- Surveillance Footage — Videos from the job site or nearby establishments might help show what happened before the accident.
Accident attorneys are familiar with the rules governing the use of evidence in civil cases. They:
- Avoid using evidence that the court doesn’t allow or must stay private.
- Collect reliable, relevant information.
- Challenge the evidence the opposing party acquires through improper means.
Case Presentation To Establish Fault
Construction accident attorneys work to help you identify potentially liable parties for your injuries. They gather clear evidence to support your claim. To establish fault, your lawyer must demonstrate:
- Duty of Care — The person or company responsible has a legal duty to follow safety rules and protect workers from harm. For example, employers must provide proper training, safety equipment, and maintain a safe worksite.
- Breach of Duty — They failed to meet this duty. This might include not giving workers fall protection on scaffolding, ignoring exposed wiring, or letting workers use damaged equipment.
- Causation — Because they failed to follow safety rules, an accident happened. For instance, if a worker falls because the scaffolding was unstable, that failure caused the injury.
- You Were Hurt & Suffered Losses — You suffered actual harm from the accident, such as broken bones, medical bills, time off work, or long-term pain.
If someone else’s negligence caused your construction accident, you may have grounds to seek compensation. An attorney who handles workers’ compensation, as well as construction accident cases, will work to help you establish negligence, handle insurance issues, and advocate for your legal rights.
Evaluation Of Damages To Support Your Claim
Accident lawyers can determine which damages may apply in your case. They may rely on essential records such as:
- Medical bills
- Receipts
- Records of lost wages
Sometimes, victims may sustain catastrophic injuries. These can include spinal cord damage, head trauma, or amputations. Lawyers may work with economic experts to understand how these injuries might affect a person’s future. These economists can help determine how the injury impacts a person’s work and income over time.
Depending on the case, victims may pursue workers’ compensation and personal injury claims. Here is a breakdown of what victims may be able to pursue, depending on their situation:
For workers’ compensation:
- Medical costs
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
For a personal injury claim:
- Current and future medical costs.
- Lost wages and bonuses.
- Loss of earning capacity and future income.
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of companionship.
In cases where someone dies from an incident, injury lawyers can help eligible family members file a wrongful death claim. In these cases, the victim’s close family members may be able to pursue compensation for:
- Funeral and burial costs.
- Medical bills from before the victim passed away.
- Loss of financial support.
Remember, construction accident lawyers can seek damages only if there’s a valid legal claim. Sometimes, a claim may be limited if key evidence is missing or insufficient to support the case.
Assistance In Accessing Medical Support
Construction sites are dangerous, and injuries can be serious. From 2021 to 2022, over 30 out of every 10,000 construction workers missed at least one day of work due to slips, trips, or falls, according to the U.S. Bureau of Labor Statistics. These accidents can cause traumatic brain injuries, broken bones, and spinal cord damage.
Other common construction injuries include severe burns from electrocution, crushed limbs from heavy machines, breathing problems from toxic chemicals, and long-term disabilities. These injuries often require ongoing medical care.
Construction accident lawyers assist injured workers in obtaining the necessary medical treatment. They can:
- Connect you with medical professionals for therapy, surgery, or specialized care.
- Assist with benefits paperwork to help avoid delays in receiving treatment.
- Arrange medical liens, where doctors agree to wait for payment until your case is settled, so you don’t have to pay up front.
This support allows you to focus on healing while your lawyer manages the legal aspects of your case.
Negotiating With Insurance Companies
Issues often arise in the process, such as low settlement offers, disputes over liability, delays, and denial of claims. An accident lawyer handling construction cases can help address these challenges and communicate with insurers on your behalf. Legal support may include:
- Speak with the insurance company for you.
- Work to address the delay or denial of your claim.
- Present important evidence to support the case and handle the process more efficiently.
- Review settlement offers on your behalf and determine whether they cover all your losses.
- Clearly explain your legal options to help you make informed decisions about your case.
Legal Representation For Cases That May Proceed To Court
The case might go to court if negotiations fail or the settlement is inadequate. A lawyer handling construction accidents with courtroom experience can:
- Gather and organize key documents like medical records, accident reports, and safety inspection results to support the case.
- Explain the case to the judge and jury, using facts and evidence to show what happened.
- Argue for fair compensation by showing how the injury has impacted the victim’s health, work, and daily life.
Accessible Legal Help If You Need It
After a construction accident, victims may wonder, “I need a personal injury lawyer, but how much will it cost?” While lawyers may have different billing structures, most construction accident attorneys work on a contingency fee basis. In this arrangement:
- You won’t have to pay any upfront attorney’s fees.
- Your lawyers will only receive attorney’s fees if compensation is recovered. You may still be responsible for other case-related costs, regardless of the outcome.
Your workers’ compensation attorney can explain them to you before moving forward with your case.
When To Hire A Construction Accident Lawyer
Consider consulting a construction accident lawyer before you sign any settlement documents from your employer or the insurance company. While each situation is unique, hiring a qualified construction accident lawyer can be beneficial if:
- You suffered severe injuries and need help pursuing compensation.
- Your injury causes long-term problems or disability.
- The person or company responsible is not admitting fault.
- You need guidance in handling interactions with insurance companies or employers.
- You are unsure about how to file your claim or meet deadlines.
- You believe other parties, like subcontractors or equipment makers, may also have contributed to the accident.
Consulting a lawyer after the accident is important because there are strict time limits, called the statute of limitations, for filing lawsuits. Missing this window may mean losing your ability to pursue compensation.
If the accident happened in California, here are some important deadlines to note:
- Personal Injury Lawsuits — If a third party caused the accident or there is deliberate negligence by your company, you usually have two years from the accident date to file a lawsuit. It’s essential to note that certain exceptions may toll this deadline.
- Workers’ Compensation — It’s crucial to report your injury to your employer within 30 days and your workers’ compensation claim within one year.
- Claims Against Government Agencies — If your injury involves a government entity, it’s essential to file a claim within 6 months of the accident.
- If the agency denies the claim, you have another 6 months to file a case.
- If the agency doesn’t respond within 45 days, you have another two years to file a lawsuit.
Choosing A Construction Accident Lawyer
When selecting a lawyer, ask them the following:
- Have you handled similar cases like mine?
- How long have you been handling personal injury claims?
- Can you also handle workers’ compensation claims?
- Have you represented a client like me in court?
- Can you describe your process for handling construction accident cases?
Consider hiring them if their answers are mostly yes, and you think they are competent enough to handle your case. You may also research on your own to see client reviews. These may be available on different websites, including their own.
What To Do When Seeking Legal Help After A Construction Accident
If you plan to hire a construction accident lawyer, here are some steps you can take to support your case:
- Get a Proper Medical Assessment — If you suffered harm in a construction accident, see a doctor immediately. Seeking medical care can help keep you safe and healthy. It also records your injuries, which can support your case later.
- Gather Important Documents — Before talking to an accident lawyer, collect all relevant information to help them understand your situation fully. Key documents include:
- Medical records and bills.
- Messages or emails between you and your employer, manager, or supervisor.
- A journal or notes about what happened and how you felt afterward.
- Names and contact details of anyone who saw the accident.
- Photos of the accident scene, if you took any.
- Follow Your Doctor’s Orders & Treatment Plan — Always follow your doctor’s advice, including staying off work if recommended. Returning to work too early or ignoring treatment instructions can affect your recovery and your legal claim. It may also suggest your injuries are less serious than reported.
- Search for “Construction Accident Lawyers Near Me” — Finding a qualified personal injury lawyer in your area can be beneficial. Local attorneys are familiar with the laws and procedures that may apply to your case.
Commonly Asked Questions About Hiring A Construction Accident Lawyer
If you’re considering hiring a construction accident lawyer, you may still have questions about how the legal process works. Below are answers to common concerns from injured workers and their families. If you have further questions, you can fill out our contact form, and someone from our team will get back to you.
What Types Of Legal Issues Do Construction Accident Attorneys Handle?
Construction accident lawyers handle many types of cases, such as:
- Personal injury claims.
- Workers’ compensation issues.
- Lawsuits involving faulty design or construction.
- Safety rule violations.
- Insurance or payment disputes.
Construction accident cases can bring up a variety of legal concerns. For instance, if a worker gets hurt, they might be able to file a workers’ compensation claim and also pursue a personal injury case against a negligent third party. A construction accident lawyer can help you determine the possible ways to seek compensation. They can guide you through complex legal processes and create a thorough plan to advocate for your rights.
Can You Sue For Damages If You Were A Bystander Injured In A Construction Accident?
If you happen to be injured as a bystander in a construction accident, you may be able to seek damages, depending on the specific circumstances. Construction companies, contractors, and property owners have a responsibility to keep their sites safe, and this duty extends to everyone, including the public, not just workers.
If their negligence led to your injury, you may be eligible to file a personal injury claim. For instance, you might be able to sue if falling debris struck you or if an unsecured area caused your injury. You may be able to pursue compensation for medical expenses, lost wages, pain and suffering, and other hardships you’ve endured.
You can speak with a personal injury attorney about your case. They can review your situation and determine if you have a viable claim.
How Long Does A Construction Accident Lawsuit Take?
It depends on the details of the case. Some cases may take a few months, while others may take several years. Here are some factors that may affect the timeline of the case:
- Complexity of the Case — Cases involving multiple parties, serious injuries, or unclear fault may take longer than simple cases with clear responsibility.
- Availability of Evidence — Some documents, like accident reports, medical records, and photos, are often accessible. Others, such as coworker statements, safety logs, or expert reviews, may take longer to obtain.
- Willingness to Settle — If both parties are open to settlement, the case may be resolved sooner. If not, it could take longer and possibly go to trial.
- Court Schedules — Court calendars can be full, and it may take months to schedule a hearing or trial date.
Personal injury lawyers usually give you an estimated timeline based on your case. It’s important to remember that unexpected events may still occur and affect how long the case takes.
Navigating A Construction Accident Claim With Personalized Support
A construction accident often has a significant impact on a victim’s life. Depending on the situation, you may have grounds to file a claim if you got hurt in a workplace accident or as a bystander near a construction site. Anyone injured through no fault of their own can take legal action, including undocumented immigrants. With a lawyer helping you, you may be able to focus on healing while they handle the legal side of your case.
Just as our car accident lawyers advocate for victims of traffic accidents, our construction accident attorneys are ready to support you. If your injuries make traveling difficult, we can visit you anywhere in California. We also offer complimentary transportation if needed. Clear and transparent communication is important to us. If you need to discuss your case in a language other than English, please let us know when you reach out to us.
Call Arash Law at (888) 488-1391 to schedule a free initial consultation. You can also fill out our “Do I Have A Case?” form here.
