Construction sites are notoriously dangerous. Anyone who neglects their training or wanders onto a site unprotected can rapidly find themselves face-to-face with unsafe tools, unstable environments, and other life-threatening conditions. If the parties responsible for these sites prove negligent, that harm can extend to innocent bystanders.
Construction accident survivors like you do have recourse available to them, though. After a related accident, you can connect with a Monticello, IN, personal injury attorney and pursue compensation via a personal injury claim. Vaughan & Vaughan can walk you through the filing process before representing your best interests in settlement conversations.
Reacting to a Construction Accident
In the immediate hours and days following a construction accident, you need to follow the guidance of medical and on-site professionals to the letter. These parties know how to best initiate your recovery. Only after you’ve had time to process your accident should you take legal action. Once you decide to move forward, though, you need to move quickly.
According to Indiana Code §34-11-2-4, you have two years to take action in civil court after a construction site accident. You cannot file a personal injury claim demanding damages for your losses outside of this deadline.
It’s with that deadline in mind you may consider requesting that an attorney oversee your case. When you have to stay on top of doctor’s appointments, your job, and your recovery, it’s nice to have someone else keep track of your legal deadlines for you. Construction accident lawyers in Monticello can not only track your deadlines, but we can also make those deadlines easier to meet.
Your Case Will Get
The Attention It Deserves
Gathering Evidence to Declare Liability
If you want to demand construction accident damages from the party liable for your losses, you must have the means to prove to a judge that a named party:
- Was expected to behave reasonably at the time of your accident
- Failed to behave reasonably, thus violating the duty of care owed to you
- Engaged in negligence that resulted in your economic and non-economic losses
When you’ve been in a construction accident, it may be natural for you to try and blame the construction company or its employees for your subsequent losses. That said, our team takes the time to investigate the nature of your accident as recorded by photos, videos, and bystander testimonies to cover all your angles.
We can also work with accident recreationists, expert witnesses, and the local police to elaborate on the nature of the negligence that resulted in your losses. Once we feel we have a strong understanding of how your accident occurred, we can outline the negligence in question in your complaint, then back it up with hard data.
Construction Crews, Independent Contractors, and Liability
While the evidence may indicate that a certain party has to take responsibility for your losses, a contract may get in the way of your right to bring that party to civil court. Specifically, the kind of contract an at-fault employer has with a construction agency can change to who you direct your demand for damages.
Construction crew employees operating on 1099s can rely on their providers to help protect them from personal injury claims. If you get into a construction accident caused by a 1099 employee’s negligence, you may have to name that employee’s employer as liable for your losses.
Comparatively, independent contractors are responsible for their own misconduct. If the person who caused your construction accident works on a W-9, you can name that individual as a liable party on the complaint you file with a Monticello court.
The Question of Workers’ Compensation
If you’re an employee injured in a construction accident, your position within your company may give you the right to file for workers’ compensation. Indiana requires its employers to offer employees workers’ compensation, but companies only have to extend that offer to W2 staff members. Independent contractors often don’t benefit from workers’ compensation coverage.
With that in mind, make sure you understand what rights a company affords you prior to filing a construction accident workers’ compensation claim. If you can move forward, inform your supervisor of your injury in writing. Make sure that your employer files an Employer’s Report of Injury form, then let an insurance provider value your case.
Should you feel an insurance provider undervalues your case or if you have your request for workers’ compensation denied, come to a personal injury attorney. Vaughan & Vaughan can help you take up a civil complaint against an employer or provider who won’t facilitate your post-accident recovery.
There is no fee
unless you win
Using Evidence to Calculate a Case’s Value
The evidence our team brings forward to establish liability in your case can pull double duty. You can similarly rely on this data to help you establish an estimate of the damages you deserve after your construction accident.
You can work with an attorney to calculate the sum of the bills your accident generated as well as the value of your non-economic losses before presenting your estimate to a civil judge. This estimate can cover your:
- Medical expenses
- Long-term professional care
- The restoration of damaged property
- Replacement of damaged property
- Lost wages
- Lost time looking for alternative work
- Emotional distress
- Mental anguish
- Pain and suffering
If you’re representing a loved one who passed in a construction accident, you can discuss what additional damages you may be entitled to with a wrongful death attorney in Monticello. Our team can connect you with an experienced representative who can prioritize your maximum possible compensation while respecting your need to grieve.
Challenge Negligence After a Construction Accident
The construction crews overseeing today’s work sites are trained to keep themselves, their supervisors, and bystanders out of harm’s way. Should you find yourself on the receiving end of the consequences of someone else’s construction site negligence, your accident represents a failure in training. You have the right, in these circumstances, to take legal action.
Vaughan & Vaughan gives you the tools to request financial support from the party responsible for your construction site accidents. You can schedule a case consultation with our Monticello construction accident attorneys to discuss how best to bring information about your losses forward in civil court. Contact us today by calling our office or reaching out to us online.
