Construction accidents are a serious problem in the United States. According to the Bureau of Labor Statistics, over 1,000 construction workers died on the job in 2020. Many more workers are injured each year, some with serious injuries that can lead to lifelong disability.
If you or someone you love has been injured in a construction accident, you may be wondering if you have a legal case. The short answer is yes. Construction workers have the right to a safe work environment, and if their employer or another party fails to provide that safe environment, they may be held liable for the resulting injuries.
What is a construction accident lawsuit?
A construction accident lawsuit is a civil lawsuit filed by an injured worker or their family against the party or parties responsible for the accident. The goal of the lawsuit is to obtain compensation for the worker’s injuries, including medical expenses, lost wages, pain and suffering, and other damages.
Who can be sued in a construction accident lawsuit?
In many cases, construction workers are injured due to the negligence of their employer. However, other parties may also be held liable for construction accidents, such as:
- General contractors
- Subcontractors
- Property owners
- Manufacturers of defective products
What are the common causes of construction accidents?
Some of the most common causes of construction accidents include:
- Falls from heights
- Scaffolding collapses
- Trench collapses
- Electrocutions
- Machinery accidents
- Exposure to hazardous materials
How to prove negligence in a construction accident lawsuit
To prove negligence in a construction accident lawsuit, the plaintiff must show that the defendant:
- Owed the plaintiff a duty of care
- Breached that duty of care
- Caused the plaintiff’s injuries
- The plaintiff suffered damages as a result of their injuries
What damages can be recovered in a construction accident lawsuit?
Injured construction workers may be able to recover the following damages in a lawsuit:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Punitive damages
How long do I have to file a construction accident lawsuit?
The statute of limitations for construction accident lawsuits varies from state to state. However, most states have a two-year statute of limitations, which means that the lawsuit must be filed within two years of the date of the accident.
Conclusion
If you or someone you love has been injured in a construction accident, it is important to speak with an experienced attorney to discuss your legal rights and options. An attorney can help you investigate the accident, identify the responsible parties, and file a lawsuit to seek compensation for your injuries.
FAQs
Q: What if I was injured on the job and my employer’s workers’ compensation insurance is paying my medical bills and lost wages? Can I still file a lawsuit?
A: Yes. Even if you are receiving workers’ compensation benefits, you may still be able to file a lawsuit against a third party who was responsible for your accident. For example, if you were injured by a defective product, you may be able to file a lawsuit against the manufacturer of the product.
Q: What if I was partially at fault for my accident? Can I still file a lawsuit?
A: Yes. Most states have comparative negligence laws, which means that even if you were partially at fault for your accident, you may still be able to recover damages from the other party. However, your damages will be reduced by your percentage of fault.
Q: How much does it cost to file a construction accident lawsuit?
A: The cost of filing a construction accident lawsuit varies depending on the complexity of the case. However, most attorneys work on a contingency fee basis, which means that they only get paid if you win your case.
Q: How long does it take to resolve a construction accident lawsuit?
A: The length of time it takes to resolve a construction accident lawsuit varies depending on the specific facts of the case. However, most cases are resolved within a few years.
Q: What are my chances of winning a construction accident lawsuit?
A: The chances of winning a construction accident lawsuit depend on a number of factors, including the strength of your evidence and the skill of your attorney. However, construction workers have a good track record of success in these cases.
Q: What are some tips for choosing an attorney to represent me in my construction accident lawsuit?
A: When choosing an attorney to represent you in your construction accident lawsuit, it is important to consider the following factors:
- Experience: Choose an attorney who has experience handling construction accident cases.
- Reputation: Choose an attorney with a good reputation in the legal community.
- Communication: Choose an attorney who you feel comfortable communicating with and who will keep you informed of
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