Construction crews and all parties associated with them owe Martinsville residents a duty of care. That duty dictates that crews must take reasonable steps to protect Martinsville locals from predictable harm. Unfortunately, some crews readily disregard that duty, while others violate it by accident.
Given the amount of construction the area’s seen over the past few years, particularly with work on I-69, locals deserve to know about the tools they can use to hold negligent crews accountable when those crews violate their duties. If you’re recovering from a recent construction accident, Martinsville lawyers can help you demand loss-based damages.
You can book a free case evaluation with Martinsville personal injury attorneys today.
Taking Action After a Construction Accident
There’s no right way to recover after a construction accident in Martinsville. It’s up to you and medical professionals to determine how to address your injuries and what kind of at-home assistance you may need. That said, if you want to financially recover from an accident, there are pre-established steps you can take to make the process as simple as possible.
You can take these steps independently of one another or in tandem. If you’re not sure which path forward suits you best, you can have a conversation about each process with a Martinsville construction accident lawyer in the days immediately following your losses.
Filing Claims With an Insurance Provider
Most construction crews have insurance to protect themselves when working on a construction site. This means that you should have the right to file an insurance claim with a provider following your accident.
Unfortunately, insurance providers working with construction crews want to protect their own finances. If you go to a provider requesting compensation, an insurance claims adjuster may attempt to minimize your construction accident losses in an effort to save themselves money.
Fortunately, you can fight back against this bad-faith behavior.
An experienced attorney can help you challenge a denied claim should an insurance provider refuse to recognize the losses you endured in a construction accident. We can also step in to mediate conversations with insurance claims adjusters to prevent their attempts to minimize your construction accident losses.
Going to Civil Court in Indiana
The Hoosier State affords residents the opportunity to investigate the negligence that led to a construction accident. So long as you bring forward evidence indicating that your accident was preventable and stemmed from someone else’s negligence, you can demand compensation from a liable party in civil court.
Going to civil court does not mean that you have to commit to a personal injury trial. If you file a construction accident claim before your statute of limitations expires, the state of Indiana allows you to negotiate with a liable party for the settlement you deserve. At the same time, you retain the right to initiate a trial should a liable party refuse to acknowledge your right to support.
If you choose to bring a personal injury claim forward addressing your construction accident losses at the same time that you file an insurance claim, make sure to discuss what impact one claim may have on the other. For example, winning compensation in an insurance settlement and in court may reduce the amount of compensation you receive from one party or the other.
Negligence Gives You the Right to Act Against a Liable Party
Your rights to initiate a civil case against a negligent construction crew or related party hinges on your ability to prove that negligence caused your accident. You do this by bringing forward evidence of negligence, be that video footage of the misuse of construction equipment or statements from bystanders describing on-site horseplay.
Other relevant evidence can include the following:
- Input from expert witnesses
- Debris found at a construction site
- Black box data from a relevant construction vehicle
- Cell phone data
The construction accident attorneys in Martinsville can determine which forms of evidence are most relevant to your case and how best to present that evidence to a civil judge.
The Role of Contracts in Construction Accident Cases
We can additionally determine what impact contracts might have on your right to hold certain parties liable for your losses regardless of what evidence you bring forward. For example, if you get into an accident with a corporate employee, you may have the right to sue that corporation for your losses.
That’s why most construction crews today hire independent contractors. Construction agencies do not have an obligation to assume liability for the misconduct of independent contractors, as independent contractors do not qualify as employees.
You can learn more about the distinction between these parties when you schedule a free construction accident case evaluation with our team.
When to File a Construction Accident Claim
According to Indiana Code section 34-11-2-4, or Indiana’s personal injury statute of limitations, you only have two years to act on your losses following a construction accident. This means that you must bring your claim forward within those 2 years if you want civil courts in Indiana to give you the right to fight for fair support.
You cannot miss this deadline if you want to take action against a liable party in civil court. Should you find yourself contending with time-draining injuries or other demanding commitments, let a construction accident attorney in Martinsville prioritize your case.
Our team can file your case before your deadline expires while giving you time to focus on demands at home.
It’s Time to Call on Vaughan & Vaughan
Don’t let time get away from you. You have the right to pursue civil action against the parties responsible for your construction accident so long as you work within your statute of limitations. If you’re struggling to take action while contending with accident-related injuries, let Martinsville construction accident attorneys know. We’re ready to stand up for you.
Vaughan & Vaughan brings several combined decades of experience to your pursuit of civil justice. You can schedule a FREE case evaluation with our team to learn more about how our services can benefit your recovery. Contact us today.