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Construction sites are dangerous places where serious or even life-threatening 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 โ A lawyer can review your situation to see if you have a valid claim.
- Thorough Investigation โ They can find out who is legally responsible for your injuries.
- Fair Damage Assessment โ They help calculate your losses, including medical bills, missed work, and other expenses.
- Negotiation โ They can speak with insurance companies or at-fault parties to seek fair compensation.
- Court Representation โ 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 were injured in a construction accident, our lawyers at AK Law can help. Call (888) 488-1391 for free accident lawyer advice during your 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 protect your rights in several ways:
Understanding Your Case Options And Legal Options
Construction lawyers know safety rules and how to spot violations. They also understand the laws that apply to your situation. A lawyer can help you figure out if:
- You have a valid case.
- The accident involved federal or state safety violations.
- You can file a workersโ compensation claim.
- You may sue a third party for personal injury.
If another party shares the blame, a lawyer can help you file both workersโ compensation and personal injury cases.
In-Depth Investigation Of Your Case
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 โ These experts know job site rules. 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 โ Doctors can write reports explaining your injuries and how they relate to the accident.
- Law Enforcement โ Police reports often include timelines, witness names, and accident details that support your case.
These experts help your injury attorney figure out what happened and who is at fault. Responsible parties may include:
- Construction company
- An engineer
- Property owner
- Equipment manufacturer
- Another contractor on the site
Strategic Advantage In Securing Difficult-To-Obtain Evidence
Construction accident lawyers can gather important evidence that others may have trouble getting. They know how to request key records and secure witness testimony.
Examples of useful evidence include:
- Safety Inspection Reports & OSHA Records โ These show whether the company followed safety rules.
- Maintenance Logs & Defect Reports โ These can point out equipment problems that might have caused the accident.
- Testimonies From Subcontractors โ These workers can offer details about the site and safety rules.
- Communication Records โ These messages or emails can explain how the supervisors or managers made decisions before the accident.
- Surveillance Footage โ Videos from the job site or nearby establishments might show what happened before the accident.
Accident attorneys know the rules for using evidence in civil cases. They:
- Avoid using evidence that the court doesnโt allow or must stay private.
- Collect reliable, relevant information.
- Challenge the evidence the opposing party acquires through improper means.
Strong Case Presentation To Prove Who Was At Fault
Construction accident attorneys work to prove exactly who caused your injuries. They gather clear evidence to build a strong case. To show fault, your lawyer must prove:
- Duty of Care โ The person or company responsible had 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 โ 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 โ 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 โ You suffered actual harm from the accident, such as broken bones, medical bills, time off work, or long-term pain.
If someone elseโs negligence caused your construction accident, you may have the right to seek compensation. A construction accident lawyer can help prove fault, handle insurance issues, and protect your legal rights.
Thorough Evaluation Of Damages To Help Get Fair Compensation
Accident lawyers can determine which damages 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 personโs future. These experts determine how the injury impacts a person’s work and income over time.
Depending on the case, victims may pursue workersโ compensation and personal injury claims. Here is a breakdown of what victims may recover, depending on their situation:
For workersโ 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 consortium.
In cases where someone dies from an incident, injury lawyers may help the family file a wrongful death claim. In these cases, the victimโs close family members may be able to get 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 thereโs 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 help injured workers get the treatment they need. They can:
- Connect you to medical professionals for therapy, surgery, or specialized care.
- Assist with benefits paperwork so you donโt face delays in getting treatment.
- Arrange medical liens, where doctors agree to wait for payment until your case is settled, so you donโt have to pay upfront.
This support helps you focus on healing while your lawyer handles the rest.
Negotiation Skills To Help Pursue Compensation While Protecting Your Rights
Insurance companies may try to reduce payouts or shift blame. A construction accident lawyer can help navigate the claims process and communicate with insurers on your behalf. Legal support may include:
- Speak with the insurance company for you.
- Identify and counter tactics used to delay or deny your claim.
- Present strong evidence to support the case and lower the chances of a dispute.
- Help you avoid accepting a settlement that may not cover all your losses.
- Clearly explain your legal options so you can decide what to do next.
Legal Representation For Cases That May Proceed To Court
The case might go to court if negotiations fail or the settlement is inadequate. A construction accident lawyer 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 victimโs health, work, and daily life.
Accessible Legal Help If You Need It
After a construction accident, victims may wonder, โI need a personal injury lawyer, but how much will it cost?โ While lawyers may have different billing structures, most construction accident attorneys work on a contingency fee basis. In this arrangement:
- You wonโt have to pay any upfront legal fees.
- Your lawyers will only get paid if they win your case.
There may still be other case-related costs. Your lawyer can explain them to you before moving forward.
When To Hire A Construction Accident Lawyer
It’s best to consult a construction accident lawyer before you sign any settlement documents from your employer or the insurance company. While each situation is unique, hiring a construction accident lawyer is crucial if:
- You suffered severe injuries and need help getting fair 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 be responsible.
Consulting a lawyer shortly 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 right to pursue compensation.
If the accident happened in California, here are some important deadlines to note:
- Personal Injury Lawsuits โ 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.
- Workersโ Compensation โ You must report your injury to your employer within 30 days. You must file your workers’ compensation claim within one year.
- Claims Against Government Agencies โ If your injury involves a government entity, you must 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 doesnโt 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 workersโ compensation claims?
- Have you represented a client like me in court?
- Do you have any data on your case results or success rate?
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 Getting Legal Help After A Construction Accident
If you plan to hire a construction accident lawyer, here are some steps to help your case:
- Get a Proper Medical Assessment โ If you suffered harm in a construction accident, you must see a doctor immediately. Getting medical care keeps you safe and healthy. It also records your injuries, which can strengthen your case later.
- Gather Important Documents โ 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 Doctorโs Orders & Treatment Plan โ Always follow your doctorโs advice, including staying off work if recommended. Returning to work too early or ignoring treatment instructions can harm both your recovery and your legal claim. It may also suggest your injuries are less serious than reported.
- Search for โConstruction Accident Lawyers Near Meโ โ Finding a lawyer in your area is a good idea. They will know the local laws and rules that apply to your case, which can help your case go more smoothly.
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.
- Workersโ 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 submit a workersโ compensation claim and also pursue a personal injury case against a negligent third party. A construction accident lawyer is there to help you discover the possible ways to receive compensation. They can guide you through complex legal processes and create a thorough plan to protect your rights.
Can You Sue For Damages If You Were A Bystander Injured In A Construction Accident?
Yes, if you happen to be injured as a bystander in a construction accident, you have the right to seek damages. 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’re 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 can pursue compensation for medical expenses, lost wages, pain and suffering, and other hardships youโve endured.
Speak with a personal injury attorney. They can review your case and identify who is responsible for your injuries.
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 โ Cases with multiple parties, serious injuries, or unclear fault may take longer than simple cases with clear responsibility.
- Availability of Evidence โ Some documents, like accident reports, medical records, and photos, are easy to get. Others, such as coworker statements, safety logs, or expert reviews, may take longer to obtain.
- Willingness to Settle โ If both sides are open to settlement, the case may end sooner. If not, it could take longer and possibly go to trial.
- Court Schedules โ Court calendars can be full, and it may take months to get a hearing or trial date.
Construction accident lawyers usually give you an estimated timeline based on your case. Itโs important to remember that unexpected events may still occur and affect how long the case takes.
Legal Support Can Make A Difference In A Construction Accident Case
A construction accident can be scary and overwhelming. You may have the right 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 can focus on healing while they handle the legal side of your case.
Just as our car accident lawyers tirelessly 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. If English is not your first language, our multilingual staff will ensure you understand your rights and options.
Call Arash Law at (888) 488-1391 to schedule a free consultation. You can also fill out our โDo I have a case?โ form.
