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Should I Seek Legal Help After a Construction Accident?

Should I Seek Legal Help After a Construction Accident?

You should definitely seek legal help after a construction accident. An attorney will advise you of your options for seeking compensation, which may include a workers’ compensation claim and third-party liability lawsuit. Your Orange County construction accident attorney will lead the fight for compensation so you can rest and recover from your injuries.

Whether or not this is your first construction accident, you may not have the knowledge, experience, time, or energy necessary to complete a successful insurance claim or lawsuit. Having a lawyer’s assistance can prove immensely valuable.

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Reasons to Seek Legal Help After a Construction Accident

Construction workers suffer tens of thousands of injuries each year, with trips, slips, and falls being among the most common accident types. Each accident and injured worker is unique, but everyone injured on a construction site deserves fair compensation for their losses.

Some of the leading reasons for hiring a construction accident lawyer include:

  • The various options for seeking compensation: Injured construction workers may have multiple paths to compensation. An attorney will identify the most appropriate way to seek compensation, whether it is a workers’ compensation claim or lawsuit.
  • The cost of completing a successful claim or lawsuit: You may complete an insurance claim or lawsuit with little investment, but your case may not be very strong. A construction accident lawyer and their firm will invest significant resources in your case. Your attorney may hire experts, rely on their legal team, and exhaust any other resources that can aid your case.
  • The ability to file a lawsuit when necessary: You may be unable to complete a lawsuit on your own. You may not know how to complete a lawsuit and may find it challenging to manage legal proceedings. If you hire a personal injury lawyer, you can pursue a lawsuit if necessary.
  • The benefit of a lawyer’s experience: Experience allows a lawyer to understand the requirements of workers’ compensation claims and construction accident lawsuits. Your attorney may also encounter challenges in your case that they have previously seen in other cases. You can be confident that your lawyer is prepared for your case because they have a relevant background in handling construction accident cases.
  • The low financial risk of hiring an attorney: Because construction accident lawyers typically use contingency fees, you have no out-of-pocket financial risk. These fees allow you to hire a construction accident attorney at no upfront cost. Your law firm will only collect a fee if they obtain compensation from you.

Your health and well-being is another crucial reason to hire a lawyer. A lawyer’s help will allow you to spend the time you need to recover and find normalcy after your construction accident.

Lawyers Represent Injured Workers and Others Injured on Construction Sites

An engineer injured at work receiving assistance from colleagues. Safety in construction zones.

Construction sites are high-risk environments.

Anyone injured on such a site can pursue compensation for their damages, and this includes:

  • Construction workers
  • Bypassers injured on or near the construction site
  • Non-employee visitors to the construction site
  • Contractors working on the construction site
  • Employees of third parties performing work-related duties at the construction site
  • Any other party injured while legally on or near a construction site

If you suffered an injury or have lost a loved one because of a construction accident, don’t wait to speak with one or more law firms. They will help you make sense of these unfamiliar circumstances and seek justice as soon as possible.

Your Attorney Will Explain Your Options for Seeking Compensation

A lawyer is uniquely positioned to create a case strategy for you. They can help you determine whether to pursue a workers’ compensation claim or file a lawsuit.

Some considerations your lawyer will weigh when recommending a workers’ comp claim or lawsuit will include:

  • Whether or not you were an employee at the construction site
  • Whether (as an employee) your employer has workers’ compensation insurance
  • Whether you suffered injuries in the regular course of your job
  • Whether your injuries resulted from defective equipment or other negligence by third parties

These and other factors will lead your lawyer to recommend how you should seek compensation for your accident-related losses.

The Occupational Safety and Health Administration (OSHA) details many regulations for motor vehicles and heavy machinery used in the construction industry.

Your attorney will investigate whether conditions on the construction site were up to regulatory standards. If not, your construction accident attorney will explain what regulatory violations mean for your case.

Construction Accident Injuries Are Often Serious—And Seriously Expensive

Construction is the most dangerous industry in terms of workplace deaths. Even when workers or others survive construction accidents, they can face disabling injuries and other significant challenges.

Your lawyer will document the full extent of your damages, which may include:

Physical Pain and Other Forms of Suffering

Factory worker injured shoulder in workplace fall accident.

Construction accident cases often involve a class of non-economic damages known as pain and suffering.

This can allude to:

  • The physical pain that often comes with construction accidents
  • Post-traumatic stress disorder (PTSD)
  • Depression
  • Lost quality of life
  • Anxiety
  • Scarring and disfigurement
  • Changes in your mood, personality, and cognitive abilities

While construction workers are tough by nature, the effects of a workplace accident can be devastating. The same is true of construction accidents involving non-employees.

Your attorney may hire a mental health expert to evaluate your pain and suffering in a compassionate, professional manner.

Inability to Work (and Related Professional Damages)

If you cannot work after your construction accident, you may suddenly have no way to earn an income.

Your inability to work as usual may cause several professional damages, including:

  • Lost income
  • Lost overtime opportunities
  • Lost benefits that come from employment
  • Inability to earn performance-related bonuses and promotions

Sometimes, injured workers lose their jobs. This can cause long-term professional harm your lawyer will account for.

Medical Costs

You must see a doctor as soon as possible after your construction accident. You may need imaging to diagnose your injuries, emergency treatment, surgery, and other medical services to treat injuries and protect your life.

Your attorney will seek compensation for all medical expenses related to your construction accident.

The Cost of a Permanent Disability

If injuries from construction accidents temporarily or permanently disable you, you may need:

  • Long-term or permanent replacement of income
  • Various types of medical equipment
  • A vehicle that accommodates a wheelchair
  • Ramps and other additions to their home
  • Rehabilitation services
  • Caregiver services

Your lawyer will detail all disability-related damages as they build your case.

A Loved One’s Wrongful Death

Attorneys represent those who tragically lost loved ones in construction accidents.

These immensely important cases can produce much-needed compensation for survivors, which may cover:

  • Funeral costs
  • Burial or cremation costs
  • Loss of a spouse’s companionship
  • Loss of the decedent’s income and other forms of financial support
  • Loss of help the decedent provided their household, like handiwork and financial services
  • Pain and suffering and related treatment, such as grief counseling

Survivors may also bear the cost of the decedent’s medical care. Your attorney will create a personalized record of your damages, which will be critical to your case.

How a Lawyer Will Help After Your Construction Accident

Close-up of lawyers shaking hands after successful legal discussion on contract agreement for a lawsuit.

An attorney may be more helpful than you can imagine. Not only will they provide important legal services and advice, but they can also provide psychological support when you need it badly.

Some of the specific duties your lawyer will perform include:

Seeking Evidence Related to Your Construction Accident

Your attorney will document the event that caused your injury or a loved one’s loss.

Your attorney will seek:

  • Footage from cameras on or near the construction site
  • Eyewitness testimony (which may include accounts from coworkers)
  • Any incident report provided by your employer
  • An expert’s reconstruction of the harmful event
  • Any other evidence that is relevant to your claim or lawsuit

While workers’ compensation claims should provide compensation regardless of fault, you may need this evidence if workers’ comp insurers accuse you of:

  • Intentionally causing your injury
  • Suffering an injury while engaged in horseplay
  • Suffering the injury while impaired

You also need this evidence if you pursue a lawsuit.

Establishing Fault for the Accident

Your attorney will determine the cause of the accident. If you file a lawsuit, you must prove fault (and negligence).

Developing a Case Strategy

After evaluating all relevant witness accounts, testimony, and evidence, your lawyer will create a precise strategy for securing compensation. This strategy may include a workers’ compensation claim or lawsuit.

Calculating the Financial Cost of Your Damages

Your legal team will assign a precise financial value to your damages. They will consider both the damages you have already experienced and those you will experience.

Negotiating a Settlement

Whether you pursue a workers’ compensation claim or lawsuit, your attorney will need to negotiate for the compensation you deserve. Though it is possible for liable parties to offer fair compensation without prompting, negotiations are typically necessary in construction accident cases.

Pursuing Any Necessary Lawsuit or Trial

If you file a lawsuit and liable parties do not offer a fair settlement, your case may require trial. Your attorney will lead your court case if the process reaches this stage.

The Risks of Representing Yourself After a Construction Accident

Those injured in construction accidents are often reeling from injuries and in a state of psychological distress. These challenges are among the many reasons to let an attorney oversee your case.

You may also hire a construction accident lawyer because:

  • You have no experience with workers’ compensation claims: If you don’t hire a lawyer, you may quickly realize how challenging workers’ compensation claims can be. Consider whether you are prepared to take on insurance companies without a lawyer’s help.
  • You cannot navigate the legal process on your own: You may be even more overwhelmed by the prospect of completing a lawsuit. Most people do not know where to start when it comes to a lawsuit, let alone how to finish one.
  • You don’t know how to value your losses: Calculating losses is complicated. This is particularly true of non-economic damages like pain and suffering, which do not have an obvious financial value.
  • You have concerns about your health: Your recovery should be your foremost concern. You may suffer physical and psychological consequences if you handle your own case.

It is just as important to hire an attorney if you’re suffering from a loved one’s wrongful death.

In this case, you may need a lawyer because:

  • You are overcome by grief
  • You want to spend as much time as possible with loved ones
  • You have no experience with wrongful death actions
  • You do not have the physical energy to deal with a lawsuit

Attorneys make their services accessible to everyone. With no requirement of upfront compensation from you, there is no barrier to hiring an attorney.

Workers’ Compensation Providers Do Not Always Handle Claims in Good Faith

There may be no doubt that you deserve compensation. However, insurance companies do not always volunteer a fair sum for victims of construction accidents.

The insurer who provides workers’ compensation may fight to pay you as little as possible and may:

  • Offer a lowball settlement, tempting you to accept the quick money
  • Delay your claim as a tactic to pressure you into accepting the lowball settlement
  • Intentionally undervalue your accident-related losses
  • Take a stern negotiating stance as you seek the compensation you deserve
  • Try to confuse or mislead you about the details of the workers’ compensation coverage

If you file a lawsuit, liable parties may similarly try to avoid paying the compensation you deserve. Your construction accident attorney will address these tactics appropriately and fight for all the compensation you deserve.

Greg Bentley, Personal injury lawyer

Greg Bentley, Construction Accident Lawyer

Don’t Wait to Hire Your Construction Accident Lawyer

There are often multiple deadlines involved in your construction accident case. Hire your personal injury lawyer as soon as possible, and they will immediately begin seeking the compensation you deserve. Consultations are free, and the right construction accident attorney is waiting to protect your rights and future. Act now.

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