What Should I Do if I Broke My Arm on a Construction Site?

A personal injury attorney is the professional you need to fight for you while recovering from your injuries. When you contact Morgan & Morgan construction site attorneys, they'll review your case and establish the best legal strategy to pursue a claim against the negligent construction company. 

Remember, construction companies must have a certain level of liability insurance to protect them from such claims. This means that if they're liable for your injury, their insurance companies should settle your claim. But the biggest challenge with dealing with insurance companies is that they'll always try to come up with ways to avoid the financial responsibility of compensating victims of their insured's negligence. This explains why you need an attorney to fight for your rights.  

However, having just any kind of personal injury attorney isn't enough. Instead, you need an attorney with adequate resources to pursue your claim against insurance companies. 

The truth is, most insurance companies are bullies. They'll dismiss your claim even without conducting a thorough investigation. This is because they understand the heavy price to pay for negligence. However, having an experienced personal injury attorney from Morgan & Morgan means you can confidently pursue your claim without fear or intimidation by insurance companies.

We are the largest personal injury law firm in the United States and have dealt with every kind of bully we've come across in our line of work. As a result, we've helped our clients recover a combined total of over $20 billion worth of compensation for various injuries. With such an incredible success rate, we've built a name for ourselves when it comes to personal injury litigation.

This means that the decision to work with us is a huge step towards winning your claim. Insurance companies know that Morgan & Morgan attorneys do not settle for anything less than what we believe you deserve as compensation. And if they're not willing to settle your claim, we'll see them in court. 

Proving Negligence in a Construction Site Lawsuit

If you broke your arm at a construction site due to someone else's negligence, you'd still need to prove the negligent act. This is usually one of the most difficult things to do in a personal injury lawsuit, even if the negligent act is quite clear.

For example, if you fall off a faulty ladder and break your arm, it may seem obvious that the ladder was faulty. However, it is difficult to prove that the ladder was faulty and that you used it as intended. In an attempt to avoid responsibility, the other party might argue that you didn't use the ladder as you should.

This is just an example of how certain situations may be overturned in favor of the defendant, especially if you don't have an experienced attorney representing you. Personal injury attorneys specializing in construction site injuries are usually familiar with construction site laws. For this reason, they usually have a better chance of proving negligence. 

Generally, this attorney can help prove:

Duty of Care
As strange as it sounds, the other party may not be responsible for your safety. It's, therefore, the plaintiff's responsibility to prove that the construction company owed them a duty of care. For instance, as a pedestrian walking down the street, the last thing you expect is a random object from a construction site crushing your arm. But accidents like these do happen quite often. In that case, the construction company owes the general public, including you, a duty of care by ensuring that the construction area is safe.

Suppose safety cannot be guaranteed due to the nature of that particular construction project. In that case, the construction company must warn civilians about the dangerous conditions by setting up clear and visible signage around the danger zones. 
 
Without duty of care, it may be difficult to hold the construction site responsible for your injuries. Working with an experienced personal injury attorney helps establish that the defendant owed you a duty of care.

Breach of Duty of Care
After establishing the duty of care, a personal injury attorney will also help establish that this duty was breached. In other words, they will help prove negligence. For instance, did the construction site fail to put up clear signs warning the public about a dangerous condition? Did the company fail to maintain its equipment, causing you harm? Or did the construction company fail to clear certain items from the site after construction, leading to your injury? Regardless of the reason behind your injuries, a personal injury lawyer will help establish negligence. 

Injuries Caused by Breach of Duty
The unfortunate truth about personal injury cases is that establishing the duty of care and breach of duty of care is not enough to win a claim. Instead, a personal injury attorney must go a step further to prove the connection between your injuries and the other party's negligence.

Medical reports are not enough to prove this connection, but they're a great starting point. Remember when we discussed the importance of seeking medical attention right after the injury? It helps establish the nature of the injuries, connecting them with the defendant's negligence.  

To further understand the importance of medical reports in proving the connection between the other party's negligence and your injuries, let's discuss things you shouldn't do after such an accident. 

Not Following Doctor's Advice 

One of the most common mistakes many people make after construction site accidents is not following their doctor's advice. For example, suppose the doctor recommends physical therapy, but you refuse to do so because you feel a little bit better than you did after the accident. In that case, the defense could argue that you weren't injured in the first place and that your claim is fraudulent.  

Taking Too Long to Seek Medical Attention 

And that's not all; the timing also matters. If you take too long to see the doctor, the defense could argue that the construction site had nothing to do with your injury. Even if you know that you got injured at the construction site, the burden of proof becomes heavier when you miss a step as crucial as seeking immediate medical attention.

The defendant can simply argue that you got injured elsewhere, and it will be your attorney's responsibility to prove otherwise.

Not Contacting an Attorney Quickly Enough 

Still on matters concerning timing, failure to contact a Morgan & Morgan attorney could further jeopardize your claim. This is because it is much more difficult to prove the existence of the dangerous condition at the construction site, especially if you don't have any evidence of the same. 

Construction site accidents involve thousands of dollars as compensation and even more depending on the nature of the injury. Such companies may also have to deal with serious consequences of their negligence. For example, they may have to pay higher insurance premiums or even face bankruptcy if the claim is worth more than their insurance coverage. 

As a result of the risks involved, there's a high possibility that some rogue construction companies may attempt to get rid of crucial evidence, making it much more difficult to prove negligence. 

Construction site lawsuits, like other personal injury cases, are time-barred. The statute of limitations for construction site accidents varies from one state to another. So if you take too long to talk to an attorney, you may not be legally allowed to file a lawsuit against the negligent party.

Discussing the Injury on Social Media 

Lastly, avoid discussing the injury on social media or with anyone else other than your attorney. This is because the other party's insurance companies will hire claim adjusters to evaluate the value of your claim. The primary duty of a claims adjuster is to limit the amount of money insurance companies ought to pay as compensation for their insured's negligence. 

For this reason, claims adjusters may contact you to find out more about the accident. In reality, they'll try to find reasons to limit the amount you're entitled to as compensation or dismiss the entire claim based on what you disclose during the conversation. Other than general details such as the date and time of the accident, you should always refer the other party or their representatives to your personal injury attorney if they need further information about the accident.  

If you or your loved one has suffered a broken arm due to someone else's negligence, you may be able to recover damages such as loss of wages, past, present, and future, medical costs, pain and suffering, etc. All you need to do is contact a Morgan & Morgan personal injury attorney at 877 607-1071 for a free case evaluation. We may be able to get you the compensation you need and deserve.