Find the Right Construction Accident Lawyer for Your Case
March 7 2023
Quick Breakdown of Key Point
You can find a construction accident lawyer by searching online for attorneys in your area who specialize in this type of law. It is also helpful to get referrals from friends, family, or colleagues who have had experience with a similar legal issue.
What is a Construction Accident Lawyer?
A construction accident lawyer is a legal specialist who has particular expertise in cases related to worksite injuries or fatalities. In many jurisdictions, these seasoned professionals may either be dedicated solely to representing plaintiffs (persons injured) or they may also handle matters that are civil or criminal in nature.
On one hand, some attorneys focus strictly on litigation and provide counsel to their clients on all matters leading up to, during and after the resolution of claims related to work-site accidents. They help victims with filing paperwork and navigating the complex legal system. The best of this type of attorney can provide invaluable insight into the complications of proving fault. On the other hand, others specialize in protecting accused parties from liability by negotiating a favorable settlement outside of court or constructing an effective defense should the matter proceed to trial. These lawyers are often well-versed in understanding insurance policies and coverage limits as well as local labor laws.
No matter the specialization, there are some common attributes that any competent construction accident lawyer should possess. Communication skills are paramount as attorneys will need to clearly explain matters to their respective clients, act swiftly in responding to inquiries, listening for relevant details, speak comfortably with opposing counsel and when necessary address a jury. It is also essential that they possess an extensive working knowledge of tort laws as well as workersâ rights as they relate to job-site accidents. Finally, they must be prepared to work with experts such as medical professionals, occupational specialists and property appraisers.
Hiring a qualified construction accident lawyer is critical when pursuing these types of claims and understanding what they can do for those involved in these cases is vitally important. Now that you understand what is a construction accident lawyer letâs take a look at when you should consider hiring one for your case.
When to Hire a Construction Accident Lawyer
In most cases, it is beneficial to hire a construction accident lawyer as soon as possible after an accident that left you injured. Many employers and insurance carriers will attempt to quickly resolve a case or offer an undeserved settlement so it is important that you consider legal representation before agreeing or signing any documents or accepting money from the other party.
Having a lawyer can be crucial in helping you receive the compensation you deserve for your injury and damages. Because the process of filing a claim can be tiresome and time-consuming, having experienced legal counsel who understands applicable laws and regulations can give you the best chance of being compensated fairly. In some cases, depending on the severity of the injury, a construction accident lawyer may even be able to negotiate a settlement without proceeding to trial.
On the other hand, there are some instances when a lawyer may not be necessary. Some states allow injured workers to file their own claims without legal assistance; however, this option should only be considered if the worker is familiar enough with these laws and has confidence in their ability to accurately navigate the claims process. For example, if an injury qualifies for workers’ compensation benefits, an attorney may not be needed.
Regardless of whether or not a law firm is needed for your particular situation, consulting with one can help you understand your rights and give you peace-of-mind knowing that someone knowledgeable is handling your case. It’s also important to note that most firms accept cases on a contingency basis which means that if no settlement is reached from negotiations, then there are no fees charged for legal advice or services.
For these reasons and more, it’s often advisable to hire a construction accident lawyer after suffering an injury on the job. With this in mind, it’s important to know what rights injured construction workers have before beginning the claims process — which will be discussed in detail in the following section.
What Rights Do Injured Construction Workers Have?
When it comes to workplace accidents, injured construction workers in particular have a lot of rights under the law. Depending on their specific situation, these rights may extend to compensatory damages that are beyond traditional workers’ compensation. Construction workers who are injured on the job can often make a claim for benefits under their employer’s Workersâ Compensation coverage, but they also may be able to file a civil suit against negligent third parties if they feel their rights were not adequately protected.
One right that many injured construction workers are entitled to is compensation for their medical expenses and lost wages resulting from the injury or illness. This includes any necessary rehabilitation or therapy services they require due to disability or disfigurement caused by the accident or occupational hazard. If an employee was injured due to negligence or recklessness by an employer, contractor, property owner, or other related party, they may also be able to pursue legal action beyond just filing a workersâ compensation claim.
Lastly, some jurisdictions grant construction workers additional rights when filing a personal injury lawsuit as compared to employees of other industries. This can include protecting unpaid wages for periods of time prior to the accident and aggravation of pre-existing conditions that may have been caused by work-related activities.
The balance between basic Workers’ Compensation benefits and the potential for additional recovery through civil lawsuits is a complex one with very real consequences for many injured construction workers and those in similar industries. The next section will examine this balance further, exploring “Workers’ Compensation Benefits” in greater detail.
Workers’ Compensation Benefits
Workers’ Compensation Benefits are an important type of legal recourse for employees injured in a construction accident. Generally, Workers’ Compensation is a no-fault system that provides employees with medical care, disability income, and other benefits as compensation for job-related injuries, regardless of whether the employee or the employer was at fault. In most states, employers who fail to provide workers’ compensation benefits may be held liable for damages in court.
Many construction workers rely on Workersâ Compensation insurance for their primary source of financial support following a serious accident on the job. It covers their medical bills related to their injury, as well as disability payments for lost wages if they canât return to work right away. The system also covers death benefits if an individual worker dies in a construction incident – though this is often a much lower amount than what could be recovered through a wrongful death lawsuit.
But itâs important to note that while Workersâ Compensation helps protect injured workers by providing financial assistance during the course of the recovery process, there are limits to its coverage. For those who have suffered particularly devastating injuries or severe losses due to their work-related incident, conventional workersâ compensation benefits may not suffice. In such cases, further recourse may include filing a third-party personal injury or wrongful death claim â something best handled by experienced counsel due to its complexity.
So when considering how best to proceed with a construction accident case, it is essential to determine whether workers’ compensation would provide enough coverage to fairly compensate you for any lost wages or health issues resulting from the incident. If not, filing an additional lawsuit may be necessary.
That said, it is important to note that many construction accident lawsuits involve multiple parties â some of which could be completely unrelated to the accident itself â making it critical for injured workers to seek experienced legal representation in order to secure full and fair compensation for their losses.
Before delving into details regarding on-the-job liability and filing potentially complex additional claims against third parties involved in the construction incident, it is critical for injured employees and their families to gain clarity around workers’ compensation benefits and determine whether these are adequate** to cover their resulting losses**. With this information in hand, they will be better equipped to decide upon their next steps moving forward.
The next section will discuss “On-the-job Liability” – Learn more about how legal counsel can help hold employers accountable when an accident takes place due to negligent safety standards or other forms of on-the-job liabilities.
On-the-job Liability
On-the-job Liability is an important principle in the construction industry for determining who is responsible for workplace accidents and injuries. If a construction worker is injured due to a hazard at the worksite, or if their equipment fails and causes them harm, they may hold the property owner, contractor, manufacturer, or another entity liable through a personal injury claim.
Under the legal doctrine of premises liability, property owners have a responsibility to act reasonably to protect visitors and workers from hazardous conditions. This means they must keep their premises reasonably safe by regularly inspecting it and making any necessary repairs or modifications to mitigate dangerous issues. Property owners will likely be found liable if they fail to meet these obligations and an injury results.
Similarly, contractors may also be held liable for providing workers with faulty equipment or failing to create a safe environment with the appropriate safety measures in place. In addition, manufacturers can bear fault if their defective product played a role in the accident.
Therefore, it is important to thoroughly investigate all possible sources of liability when constructing a personal injury claim after a construction accident as there are multiple entities that could potentially be held liable.
These on-the-job liabilities provide legal grounds for injured construction workers to pursue compensation for medical treatment, lost wages, pain and suffering, disability benefits and other damages related to their injuries â which brings us to our next section on claim settlements.
- According to the US Bureau of Labor Statistics, there were 4,836 fatal occupational injuries in 2018.
- In 2017, the US Department of Labor reported that 791 workers were fatally injured due to construction accidents.
- In 2019, The National Law Review reported that construction suits accounted for 25.1% of all premises liability negligence cases filed in the US.
Claim Settlements
When it comes to claim settlements for construction accident cases, the key is understanding what your rights are and knowing when itâs in your best interest to take a settlement. In some cases, a settlement may be right away, while other times you may need to proceed with a case before receiving one.
The most important factor in determining whether or not to accept a settlement offer is evaluating how much compensation you may receive if you are successful in court. If the settlement offer is less than what you would likely receive if successful in court, then it is probably best to reject the settlement. This can be difficult to determine on your own because legal research is necessary and accounting for all forms of damages can be complicated. Because of this, consulting with a construction accident lawyer will help you decide if the offered settlement is fair and reasonable.
On the other hand, there are advantages to accepting an early settlement out of court as opposed taking your lawsuit all the way through the courts including time saved and potential costs saved by avoiding a trial. Settlements will also limit your exposure to risks that could arise due to delays or uncertainty with trial outcomes. It is always important to remember though that once you settle, that is the end of the caseâthere will be no option for appeal or any chance of getting additional compensation later on down the line.
In summary, evaluating how much compensation you may receive if successful in court against the offered settlement amount should guide your decision whether or not to settle out of court. To make sure this decision is properly informed, it can be helpful to consult a construction accident lawyer who can help evaluate what kind of compensation you could expect from going through a full trial vs. settling out of court. Now that we have discussed claim settlements, letâs continue onto our next section about âWhat To Expect From Your Construction Accident Lawyerâ.
What to Expect From Your Construction Accident Lawyer
When enlisting the help of a construction accident lawyer to fight for compensation, it is important to understand the full scope of what to expect from your legal counsel. Your lawyer should be available to answer any questions you have and provide insights into the situation you are facing. They should also have an understanding of relevant legislation, regulations and safety standards that might come into play with your case.
Your lawyer’s expertise in construction accidents comes with potential advantages in terms of negotiating a settlement or representing you in court. They will develop a strategy that aligns with your goals while considering the details and complexities of your situation. Experienced lawyers may be better equipped in finding loopholes, identifying areas or negligence and gathering evidence that can be used to support a claim.
On the other hand, some individuals might find it difficult to trust their lawyer, as they commonly interact on a strictly professional basis. This could lead to less than satisfactory results which may require further legal action from other parties or additional research from you. Some people rely too much on their attorney at law who sometimes may lack knowledge about all aspects related to construction site accidents, especially if the case is complicated.
It is important to work together with your construction accident lawyer and maintain frequent communication so that realistic expectations are met for both sides. The success of your case often relies heavily on how much effort and dedication each party involved puts in during various stages of the process. With that being said, you can expect your construction accident lawyer to guide you every step of the way and act as an advocate for justice.
Thus concludes our section on what to expect from your construction accident lawyer, leading into our next section focusing on negligence and construction accident claims.
Negligence and Construction Accident Claims
Negligence is the primary factor when determining if a construction injury claim is valid. This is because most construction site injuries are the result of someoneâs negligence or carelessness. Negligence is defined as an act or omission in providing a standard of care that a reasonable person would have followed under similar circumstances.
Negligence could be caused by any number of factors including third parties, contractors, architects, engineers, general contractors, and sub-contractors. When filing a construction accident claim, you must establish negligence on one or all of these parties in order to get your case approved for compensation. Oftentimes this involves proving that the activity was conducted with less than reasonable care and skill under the circumstances and that the failure to use reasonable care or skill in doing so caused your injury or accident.
In addition to identifying negligence, there may also be questions about contributory or comparative negligence in your case. Contributory negligence considers any careless or reckless actions taken by the plaintiff that may have contributed to the accident causing further injury. Comparative negligence considers both partiesâ degree of responsibility for the accident in order to assign each party their portion of liability for damages. Determining and arguing whether contributory or comparative negligence applies can be complex and requires legal advice from an experienced attorney who understands liable party regulations within your state’s court systems. In some states, contributory negligence acts as an absolute defense against any compensation whatsoever while in others it operates to reduce the amount of recoverable damages proportional to fault.
Fortunately, it does not mean you cannot file a claim even if you believe you bear some responsibility for the incident; skilled legal counsel can help you navigate the complexities of tort law and make sure pre-existing conditions do not disqualify you from seeking compensation for your losses. By choosing the right construction accident lawyer who is knowledgeable about claims concerning negligence, contributory/comparative negligence, and relevant case laws, you increase your chances of a favorable outcome in your case and receive just compensation. That said, letâs move on to finding the best construction accident lawyer for your case.
Finding the Best Construction Accident Lawyer
Finding the best construction accident lawyer for your case involves researching potential lawyersâ qualifications and considering their experience in the field of construction accidents. An experienced and knowledgeable attorney can make a significant difference in obtaining a favorable outcome for your case.
The first step in finding an excellent lawyer is to search for one that specializes in construction accident cases. Many attorneys have experience representing clients with claim-related problems; however, not all are knowledgeable about or familiar with the laws related to construction accidents. Conduct an online search to find a legal professional who focuses on construction accident law or connect with experts or other professionals such as other lawyers, paralegals, or court office personnel within the same area. Once you have identified a few potential attorneys, research their experience and skill set to ensure they are qualified to adequately handle your case.
Another consideration is geographic location and whether the attorney you select is licensed to practice in your state. This will affect how quickly your case can be resolved, as some procedures for filing claims may vary between states. Working with an experienced local lawyer will often speed up the process of settling your claims and obtaining a resolution from responsible parties, which is preferable if facing costly medical bills due to sustained injuries.
In addition, consider their fee structure and overall track record regarding similar cases before committing to any attorney. All attorneys have different fee structures, so make sure it aligns with your budget and that they are transparent about the cost of their services. You should also review what they charge for administrative fees and how much extra money you can expect to pay from associated costs such as filing paperwork, obtaining records related to the case, etc. It is also wise to research their background, including any disciplinary actions taken by the state bar association or successful verdicts obtained against negligent parties.
Overall, finding the best construction accident lawyer for your case calls for researching potential lawyers’ qualifications and considering their experience in the field of construction accidents. Considering factors such as geographic location, fee structure, background information, including disciplinary actions taken by the state bar association and successful verdicts obtained in past cases can help you decide which one is right for you. With careful consideration and due diligence, you can select a capable legal professional that will work hard on your behalf while providing peace of mind during what could be a difficult time.
Answers to Common Questions with Detailed Explanations
How much will a construction accident lawyer charge for their services?
The cost of hiring a construction accident lawyer will depend on the complexity and severity of your case. Generally, these lawyers work on a contingency basis. This means that they are paid a percentage of any settlement or winnings agreed upon with the other party. It may be anywhere from 25-40% of what is recovered.
In addition, it is important to consider any upfront costs associated with your case such as filing fees and investigative expenses. These costs are typically not included in the percentage rate and should be discussed prior to signing a contract with the attorney.
Furthermore, some attorneys offer free initial consultations for potential cases. This is an excellent opportunity to ask questions and understand exactly how much the attorneyâs services might cost you in the end.
What type of compensation can I expect from a construction accident lawyer?
When considering the compensation you can receive from a construction accident lawyer, it depends on a variety of factors. The settlement you receive will depend on the details of your case, including the severity of your injuries and how much insurance the responsible party has available to cover your losses. Typically, this type of compensation may include funds for medical bills, rehabilitation costs, lost wages, as well as pain and suffering damages. In some cases, punitive damages may be awarded if the injury was caused by gross negligence or malicious behavior. An experienced lawyer can provide an accurate assessment of what you can expect in terms of compensation based on the specifics of your situation.
What experience or qualifications should I look for in a construction accident lawyer?
When seeking a construction accident lawyer, it is important to look for someone with specific qualifications and experience in handling cases like yours. While all lawyers have general knowledge of the law, certain specialized skills are necessary for dealing with the unique challenges of a construction accident case. You should seek out an attorney who has experience in litigation, knows the laws surrounding employment and labor, and understands construction site safety regulations.
It is also beneficial to find a lawyer who has a familiarity or expertise with the particular field of industrial or commercial construction that your accident involves. This would include understanding applicable codes and building regulations related to the particular materials, techniques, or equipment used on the job. Additionally, it is important to find an attorney with experience in negotiating settlements since many construction accident cases are settled out of court, so they must be familiar with the stateâs laws regarding personal injury claims and damages.
Finally, it is essential to find an attorney who has successfully obtained positive outcomes and compensation in previous cases similar to yours. Ask other people you trust who have been involved in a case like yours for references you can speak to if possible. Doing your due diligence to make sure you select the right lawyer will help ensure that your case is handled properly and efficiently from start to finish.