Do I Need an Attorney After a Construction Accident?

Working in the construction industry puts you in harm’s way every day. What types of threats do you face that can injure you on the job in the construction industry?
 

Fall From a Height
Forty-two percent of construction site deaths involved a fall from a ladder, scaffold, or another piece of construction equipment that elevates workers. This type of construction accident can lead to a workers’ comp claim or the filing of a personal injury lawsuit. Many states have enacted laws protecting employees by mandating the use of safety gear and devices that protect workers from construction site falls.
 

Improper Use of Forklifts
Forklifts are an integral part of the operations of most construction sites. This frequently used machine carries a significant amount of weight, which requires operators to receive extensive training. However, lack of training can cause a forklift accident that produces serious, if not life-threatening injuries. Equipment failure is another reason for the cause of a forklift accident, which invokes product liability statutes in the state where you live.
 

Slip and Fall
According to the Occupational Safety and Health Administration (OSHA), slip and falls represent one of the most common reasons for a construction accident that injures a worker. Debris, poor lighting, and slick floor surfaces all can play a role in creating the ideal conditions for a construction site slip and fall incident. Possible injuries resulting from a slip and fall accident include lacerations, brain trauma, and a fractured wrist.

How you react after a construction accident determines the likelihood of you receiving just compensation for your injuries.
 

Get Medical Care
Having your injuries diagnosed and treated should be your first priority. The most substantial expense for a workers’ compensation or personal injury case involves the costs associated with medical care. You should seek medical attention even if your injuries appear to be minor. The symptoms of some healthcare issues do not develop until hours or even days after a workplace accident.
 

Let Your Employer Know
For a workers’ compensation case, notifying your employer is an essential part of the claims process. After learning about your workplace accident, your employer completes a workers’ compensation form to initiate the process for getting you the money that you deserve. An incident report also is an important document to submit if you decide to file a personal injury lawsuit.
 

Gather and Organize Evidence
When you meet with an attorney for a free case evaluation, you should bring to the meeting the evidence you have collected for the lawyer to review. Evidence such as photographs of the accident scene helps strengthen your case. Part of the evidence package should be the names and contact information of every witness. You also should bring copies of your medical records to the free case evaluation.

Hire a Construction Accident Lawyer
An experienced attorney can help you decide whether you should file a workers’ compensation claim or initiate a civil lawsuit. Going through the workers’ compensation system is the most common legal outcome of a construction accident. However, filing a personal injury lawsuit can recover more in monetary damages.
The last step you might have to take involves filing an appeal for a denied worker’s compensation or personal injury claim. The highly-rated team of litigators at Morgan & Morgan provides legal support for our clients during the appeal process.

Although filing a workers’ compensation claim is a relatively straightforward process, the same cannot be said for filing a personal injury lawsuit. This is especially true for getting the compensation you deserve for the injuries suffered because of a construction accident. The personal injury process requires the legal services of a lawyer who specializes in handling cases that involve injuries at a construction site.
 

Send a Demand Letter
Sending a demand letter lets the attorney for the other party know you plan to file a civil lawsuit seeking monetary damages. Your demand letter should include the amount of money calculated by your lawyer for compensation, as well as a detailed description of what unfolded before, during, and after the construction accident. You also should include copies of your medical bills to substantiate your claim for monetary damages.
 

Negotiations
A vast majority of personal injury cases never go to trial. Instead, the legal counsel representing both parties tries to negotiate a favorable settlement. Negotiations start when the other party’s legal representation makes a counteroffer to the amount of monetary damages listed in your demand letter. Negotiating a favorable settlement often involves a series of counteroffers until both parties agree to a settlement or the plaintiff’s lawyer decides to pursue monetary damages in a civil court.
 

File a Lawsuit
The filing of a personal injury lawsuit alerts the court and the defendant that you seek compensation for the injuries caused by a construction accident. Your attorney lists the parties involved in the lawsuit, as well as describes why the court has jurisdiction over the case. Describing the basis for your lawsuit, as well as the evidence supporting your claim, represents the heart of the paperwork filed with a civil lawsuit. A demand for a judgment in your favor states how much for monetary damages you are seeking.
 

Discovery
The discovery phase of a civil trial allows the legal counsel representing both parties to review the evidence and interview the witnesses involved with your case. Discovery gives both parties a second opportunity to negotiate a favorable settlement. Although discovery can take several days to conclude, this phase of the litigation process can help you avoid a costly and time-consuming civil trial.
 

Go to Trial
If negotiations fail to produce a resolution to your personal injury case, your attorney prepares you for the trial phase of the litigation process. You can expect to answer questions under oath that come from both your lawyer and the legal counsel representing the plaintiff. Personal injury trials can last several weeks or even months before a judge or jury hearing a case issues a judgment.

Your lawyer will seek three types of monetary damages for a personal injury case: Economic, non-economic, and punitive.
 

Economic
A construction accident can generate medical bills that put you in financial distress. You have the right to seek economic damages for costs such as diagnostic tests, medical treatments, and physical therapy sessions. Healthcare costs covered by the monetary damages awarded in a civil trial also include assistive devices, prescription drugs, and future medical expenses. Economic damages cover lost wages, which can be significant for someone who suffered serious injuries as the result of an accident at a construction site.
 

Non-Economic
Not every injury caused by an accident at a construction site produces tangible costs. Suffering serious injuries can trigger mental anguish and emotional distress, both of which are considered a part of the pain and suffering that results from experiencing a construction accident. Your personal injury attorney calculates the value of non-economic damages by referring to the tangible costs calculated for economic damages.
 

Punitive
Filing a personal injury lawsuit instead of filing a worker’s compensation claim is all about proving negligence on the part of another party. Negligence can be intentional or unintentional, but the goal of seeking punitive damages remains the same. You want the other party to be punished for carelessness or recklessness. Although punitive damages are not considered economic or non-economic, the money you receive for punitive damages can exceed either category for compensation.

With offices located throughout the United States, Morgan & Morgan is the leader in providing legal support for worker’s compensation and personal injury cases. When you meet with one of our experienced lawyers, you will learn whether it is in your best financial interest to file a workers’ comp claim or start a civil lawsuit that seeks monetary damages. Getting legal representation levels the legal playing field between you and the legal counsel representing the construction company.

Schedule a free case evaluation today with one of the skilled litigators from Morgan & Morgan.