Construction sites often bar visitors for a reason. The dangerous equipment and conditions on these sites demand that only someone with experience navigate them. If a stranger trespasses on a construction site or the construction crew doesn’t take their responsibilities seriously, that negligence can result in serious injuries for several parties.
Should you or someone you know endure a construction accident, you have a right to investigate for negligence. You can work with a Lebanon construction accident attorney to assess your circumstances and file an applicable claim if necessary. Vaughan & Vaughan can give you the tools you need to secure a settlement.
Personal Injury Lawyers Act Quickly After an Accident
You deserve time to process a construction accident. That said, you also need to use the time you have wisely. Evidence can disappear within days of your accident. Bystanders can move. A construction crew and related liable parties can take action to limit your access to the information you need to build a strong case.
What’s more, you have to consider Indiana’s personal injury statute of limitations as it applies to construction accident cases. Indiana Code §34-11-2-4 allows you, along with other construction accident survivors, no more than two years to act after your accident. You must act within this deadline if you want to file a claim.
How can you give yourself the space you need to grieve your losses, reorder your life, and prepare a civil lawsuit? You can work with a personal injury attorney. Specifically, a Lebanon construction accident lawyer can take on the burden of finding evidence to establish your claim while you focus on bringing your life back into order.
Communicating With Your Insurance Providers
The first thing you need to do after a construction accident is to communicate your losses with your insurance provider. Whether you, a personal executor, or an attorney does this, you should contact an insurance provider within 24 hours of your accident. This way, you can address the cost of emergency medical care and begin to understand the reach of your coverage.
Unfortunately, many insurance providers – including yours – may prove reluctant to provide you with the financial support you need after a construction accident. Others may claim to have their hands tied by corporations involved in your losses. Others still may send insurance adjusters to your location to undervalue your case.
Our attorneys can step in if you find yourself arguing with an insurance provider about the support you deserve. We can communicate with your provider, outline the extent of your losses, and ensure that your voice is heard. If the need arises, we can take steps to bring your losses to a judge’s attention.
What You Need to Know to File a Construction Crash Claim
So you’ve discussed the nature of your accident with your insurance provider, and you want to take legal action. To kickstart the process, you need to file a civil claim. Your construction accident civil claim needs to specifically identify the party responsible for your care at the time of your accident and what negligent behaviors they engaged in.
Further, your complaint needs to detail the value of your construction accident losses. A court can consider that value equivalent to the damages you intend to request should your case move forward.
Construction Accident Liability
Assigning liability after a construction accident is an exercise in contract law. Specifically, our team needs to determine who the evidence says is at fault for your accident and then how contracts might impact your right to go to court.
Say, for example, that evidence says a construction team bears the fault for your accident. However, say that team works on 1099s or as independent contractors. If this is the case, the team’s employer is not responsible for their misconduct. As the victim, you have to take the independent contractors to court.
Comparatively, teams working on W2s may have legal protection doled out by their employer. If you get into an accident with a W2-based team, you may have to list a corporation or agency as the party liable for your losses. Fortunately, your attorney can determine a liable party’s relationship with any overseers and guide your case accordingly.
Construction Accident Compensation
Following a construction accident, you have the right to request non-economic and economic damages based on the financial impact an accident has had on your life. The expenses you can demand compensation for in your claim can include:
- Property restoration
- Medical expenses, including surgery bills, medical aids, and treatments you may need years down the line
- At-home recovery assistance
- Lost wages and opportunities for alternative employment
- Emotional distress and mental anguish
- Pain and suffering
If a loved one unexpectedly passes due to construction site negligence, you can demand wrongful death and funeral damages on that person’s behalf. You can discuss your right to a wrongful death case with a construction accident attorney in Lebanon.
The Value of Construction Accident Evidence
When establishing liability and the value of your construction accident case, you need to bring forward evidence. Hard data helps you prove to the liable party that they contributed to your losses and that those losses have value.
Your attorney can gather evidence on your behalf while you and your loved ones are focusing on recovering. The sooner we have the opportunity to act, the less time a liable party will have to obscure the reality of your accident. You can rely on our team to bring forward data that includes:
- Accident recreations
- Spillage from the scene of the accident
- Video and audio footage of the accident
- Social media posts describing the accident
- Bystander testimony
- Expert witness testimony
We can include you in our assessment of this data, comparing it against your understanding of the accident. Once we’ve established this foundation, we can then build you a case that highlights the actions another party took to violate the duty of care owed to you. Furthermore, we can add credence to your demand for damages.
It’s Time to Take Your Losses in Civil Court
It can be difficult to tease out the specific nature of a construction accident. Contracts and employment law can slow down your attempt to name a specific party liable for your accident’s losses. Teams that want to limit your possible settlement may work together to obscure evidence or otherwise impede your case.
That’s why it’s best to go into conversations about a construction accident with a lawyer on your side. Vaughan & Vaughan can connect you with attorneys in Lebanon who can defend your right to a fair trial after a construction accident. You can schedule a consultation with the team by contacting Vaughan & Vaughan online or calling the firm’s office.