Construction Accident Lawsuits
UPDATED: June 19, 2018
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Occasionally, an injury suffered on a construction site will result in a lawsuit by the injured party. Construction accident lawsuits are complex, expensive, and require the involvement of experienced personal injury attorneys. If you are considering filing a lawsuit to recover damages from your construction injury, educate yourself about what damages are available, how fault is determined, how damages are calculated, and why an attorney can be critical to your case before pursuing legal action.
Damages Available in a Construction Accident Lawsuit
When identifying damages to claim in a construction accident injury, make sure to include:
- Your current and future medical care;
- A subjective amount for pain and suffering (depending on state law);
- Wage loss and lost earning capacity;
- How time off from the job impacts future work opportunities or job security; and
- Damages that occur because you are never able to return to work after the injury
Each construction accident may present unique damages, and consulting an experienced attorney is a good way to ensure none are overlooked.
Who's To Blame In A Construction Accident Lawsuit?
Determining construction accident fault can be very difficult – especially in a case like where several parties are involved. An individual construction worker can have a number of different companies that serve as employers depending on how many contractors are involved and what the employee's role is. For example, an employee of a subcontractor will be not only working for his employer, but must also be subject to the desires of the primary contractor and the owner of the construction site. Depending on the conditions of the working environment, the task assigned the employee, and the circumstances of the accident, a number of parties can share responsibility. Finding out who is responsible for a construction injury is a critical early step in pursing a lawsuit.
Calculating Construction Accident Damages
When calculating the available damages in a construction accident lawsuit, take into account some of the following factors:
- The seriousness of injuries involved;
- The length of recovery time for those injuries;
- The cost of health care; and
- The possibility of long-term or permanent disability.
Additionally, evaluate the level each party was responsible for additional damages. If one party has been grossly negligent by disregarding safety, there might be grounds for claiming punitive damages for negligence. For example, punitive damages may be appropriate to claim when a risk of injury could have been foreseen or prevented or there are clear violations of safety rules and regulations
Inherently Dangerous Activities
Construction work is an inherently dangerous job, which means that parties responsible for the cause of the injury may be automatically liable for damages under the legal theory of strict liability. General contractors or owners who fail to provide workers with safety equipment or place them into unreasonably dangerous situations can be held liable for any injuries sustained on the job - regardless of any legal defense they may have or any fault for the particular accident that caused the injury. An experienced personal injury attorney will be able to determine what causes of action apply in a construction accident case.
Construction Lawyers: Determining Liability In Your Case
If you've been injured in a construction-related accident, you can be certain that all of the other parties involved in the case will be well represented. Make sure your interests are equally represented by hiring an experienced construction lawyer who understands how liability in these cases is determined as construction accident compensation can be substantial.