As someone who frequently works on construction sites, you want to know that your team members and supervisors are making every effort to protect you from undue harm. Unfortunately, there are circumstances in which on- and off-site negligence can lead to personal injuries.
If an insurance provider denies your post-accident claim or an employer declares you ineligible for in-house support, what are you going to do? You can reach out to a Whitestown construction accident lawyer to discuss your right to a personal injury claim.
When to Call a Construction Accident Attorney
If a third-party is responsible, you do not have to go through the hoops of workers’ compensation to secure financial support based on your losses. You can instead file a personal injury claim and demand damages from the parties responsible for your accident. This is easiest to do when you have an experienced attorney on your side.
You can call on a personal injury attorney within hours of your accident. Our team can prioritize your comfort when discussing how your accident may entitle you to civil damages. You can also rely on our representatives to:
- Prevent insurance adjusters from undervaluing your case
- Discuss your accident with police officers and other officials
- Manage your communications with a liable party
You can discuss which services of ours you’d like to take advantage of during a free case consultation.
Proving Liability in a Whitestown Construction Accident
You’re under no obligation to gather evidence of construction site negligence alone. While you focus on recovering, our team can visit a construction site and communicate with site representatives to secure the data we need to better understand your accident. This data can include:
- Video footage of the accident
- Photo footage of the accident
- Audio of the accident
- Statements from bystanders
- Expert witness input
- Social media posts
- Statements from police officers and first responders
- Professional assistance from accident recreationists
Our construction accident lawyers in Whitestown need this data to help establish the story of how your accident occurred and what negligence it resulted from.
Find the Sum of Your Construction Accident Losses
Composing a construction accident complaint requires you and an attorney to do some math before you bring your concerns to a judge’s attention. You specifically need to estimate the total sum of the losses you endured in your accident. You can then demand damages equal to or exceeding that sum from the party responsible for your accident.
The expenses you can include in your estimate of an accident’s total losses can cover your:
- Post-accident medical care
- Long-term medical bills
- Restoration and replacement of damaged property
- Lost wages
- Emotional distress and mental anguish
- Pain and suffering
You may also request financial support to address a loved one’s wrongful death and funeral expenses if applicable.
Addressing Construction Accident Settlement Offers
There’s a good chance that an affiliated construction company may reach out to you with a settlement offer before you file a civil claim if you’re injured on a construction site. Construction accident settlement offers can help you overcome the financial burden a team member’s negligence placed on you.
That said, construction accident settlement offers can also undervalue the financial impact of your accident. Before you accept a settlement offer from a construction crew’s insurance company, double-check the offer against a professional attorney’s calculations.
Our Whitestown construction accident attorneys can estimate the total possible value of your case and fight to ensure you receive that compensation in civil court. If you compare our estimate against a settlement offer and find the settlement wanting, you can ask one of our team members to negotiate with the at-fault party or take them to court.
Workers’ Compensation May Not Protect Independent Contractors
If you work as an independent contractor, you may not benefit from workers’ compensation. Supervisors throughout Indiana are only required to provide workers’ compensation to their W2 employees. Independent contractors, comparatively, have the right to view construction agencies as clients.
This means that if you work on a 1099, you have to have your own insurance address the extent of your on-site losses, as your supervisor isn’t required to provide you with the financial support you need to recover. You can, however, still take legal action.
Independent contractors can work with personal injury attorneys to bring evidence of on-site negligence forward in civil court. You may then have the right to demand damages from a construction client based on the extent of your losses.
File Your Construction Accident Claim
If you decide that you want to take legal action against the party responsible for your construction accident, you need to file your related claim within Indiana’s deadline. The personal injury statute of limitations in Indiana falls under the purview of Indiana Code §34-11-2-4. You have two years from the day of your accident to take action.
That deadline is, unfortunately, a hard one. If you try to file a construction accident claim with an Indiana judge after the statute of limitations has passed, that judge can reject your request without considering the evidence you bring forward.
It can be difficult to make the most out of your two years of actionable time without help. Fortunately, you can turn to our team for investigative support. Together we can ensure that your complaint is as thorough as possible by the time you present it to a civil judge.
Vaughan & Vaughan Stands With You
Victims of construction accidents have the right to file legal claims against those parties responsible for their losses. Identifying those parties and calculating the value of your construction accident case isn’t always easy, though. When you have to assign fault, keep track of your expenses, and recover from your accident, it’s easy to get overwhelmed.
Fortunately, Vaughan & Vaughan has your back. You can connect with our construction accident attorneys in Whitestown after a construction accident to discuss your right to legal support. For more information about the financial benefits you deserve in the wake of accident-based losses, contact our team online or by calling our office today.