Construction Accidents
Understanding Construction Site Injuries and Your Legal Rights
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Construction sites, bustling with activities, can unfortunately turn into hotspots for accidents, potentially leading to severe injuries, disability, or even fatality for workers, bystanders, and passersby. These incidents often occur due to negligence, and when negligence is at play, victims may have a valid claim for compensation. One of the significant challenges faced by these victims is determining liability. Our experienced construction accident attorneys can guide you through this complicated process, ensuring that your legal rights are safeguarded and you receive fair compensation for your injuries.
Common Causes and Risks of Construction Accidents
Construction sites abound with possible hazards and injury risks. Workers are frequently exposed to the possibility of accidents. Some common scenarios that can lead to injuries include:
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Being hit by construction materials or debris
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Falling from scaffolding or ladders
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Being struck or crushed by equipment or machinery
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Slips, trips, and falls
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Burns and electrocution
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Becoming trapped or crushed by structure or trench collapse
As per reports from the U.S. Bureau of Labor Statistics, a significant proportion of fatal job-related injuries occur in the construction industry. However, it's not just the workers who are at risk. Bystanders, passersby, and construction site visitors can face similar hazards. The list of potential injuries resulting from job site accidents is long and often severe:
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Head and neck injuries
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Traumatic brain injuries
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Fractures
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Lacerations
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Burns
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Internal injuries
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Spine and nerve injuries
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Amputations
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Paralysis, paraplegia, quadriplegia
Construction workers injured on the job have the right to pursue a workers' compensation claim, although the benefits might not cover all damages. Individuals injured on a construction site may also initiate legal action against the liable party and their insurance company.
Establishing Liability for Construction Accident Injuries
Establishing who is at fault for a serious construction accident can be complex. A construction site is often a hub of simultaneous activities with the general contractor and multiple subcontractors involved. Typically, the general contractor or construction manager is responsible for enforcing safety protocols and guidelines. If these policies are not enforced, and a safety breach occurs, their company may be liable for any accidents that ensue.
Subcontractors may also be held accountable for their employees' negligence. The property's owner, developer, or manager can also bear some or the entire fault for an accident, depending on the circumstances.
After determining the party whose negligence led to the accident, our legal team will build a solid case by demonstrating the legal elements of negligence:
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Duty of Care: Each contracting firm working onsite has a duty of care towards its employees, other workers, and the public. For instance, an earthwork contractor must ensure proper training for employees operating heavy machinery. A window contractor must enforce the use of scaffolding correctly, including preventive measures to avoid falls and the use of appropriate safety gear.
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Breach of Duty: Any party failing to uphold their duty of care can be held accountable. If accidents occur due to such negligence, the responsible party may be held liable for any accidents or damage that occur.
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Causation: If an accident occurs due to a breach of duty of care, the at-fault party can be held liable for any resulting economic damages.
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Actual Damages: The final legal element of negligence is the provable value of your construction accident loss. We demonstrate actual damages by providing evidence like medical bills, wage statements, medical expert testimony, and other necessary documentation.
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The Professional Approach of Our Firm to Construction Accident Cases
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Navigating the legal landscape following a construction accident can be challenging. Our dedicated legal team adheres to a strategic and well-defined process to assist you through every step of your case:
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Free Initial Consultation: Our process begins with a no-obligation, free consultation where we listen to your story, understand the circumstances of the accident, and provide preliminary guidance on potential legal pathways.
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Case Evaluation: If you decide to proceed, we perform an in-depth evaluation of your case, collecting all necessary information, reviewing evidence, and identifying potential liable parties.
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Establishing Negligence: We meticulously investigate the incident to establish negligence on the part of the liable party. This process involves collecting evidence, consulting with experts, and demonstrating how a breach of duty led to the accident.
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Calculation of Damages: We work closely with medical experts, financial advisors, and other specialists to determine the full extent of your damages. This not only includes current medical expenses and lost wages but also future medical costs, loss of earning potential, pain and suffering, and other non-economic damages.
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Negotiation with Insurance Companies: We manage all communication with insurance companies, negotiating aggressively to achieve a fair settlement that adequately compensates you for your injuries.
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Trial Representation: If a satisfactory settlement cannot be reached, we are fully prepared to take your case to court. Our seasoned attorneys will represent your interests, aiming to secure the best possible outcome.
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Post-Settlement Support: Even after your case has been resolved, we're here to help. Whether it's assisting with paperwork or offering guidance on managing your compensation, we ensure you're not alone in the post-settlement phase.
For a comprehensive understanding of your legal rights following a construction accident and guidance on pursuing compensation, contact us at +1 (954) 669-0809 to schedule a FREE consultation.
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