Healdsburg Construction Accident Lawyer
Construction accidents can have some of the most horrific consequences. The very nature of these fast-paced, everchanging, dangerous worksites leads to significant risk of injury. You should know your legal rights and options if you are injured on a construction site. That’s where we come in. Contact Henderson Law for a free case assessment.
Construction Accident Causes of Action
If you are a construction worker injured on a job site, you generally have two avenues of recovery: a negligence action or a workers’ compensation claim.
While this blog focuses on potential personal injury negligence claims that can arise from a construction accident, it is essential to remember that many construction workers injured at the job site will be limited to seeking medical and lost wage benefits with a workers’ compensation claim.
Personal Injury Action
Construction sites are dangerous and complex, with many moving parts and often involving heavy machinery and equipment.
Generally, if you are injured as a construction worker, you’ll need to file for workers’ comp benefits. However, some construction site accidents extend beyond workers’ comp when third-party negligence is to blame for the accident and injuries. A typical example is when malfunctioning or defective machinery or equipment hurts a construction worker. In that case, the manufacturer, service provider, or mechanic may be responsible for the harm you endured.
Most personal injury lawsuits rest on the theory that someone else’s negligence caused your injury. To be successful, the plaintiff must prove four essential elements of their claim.
- Duty. Whether one or several, all parties involved in a construction site have a legal duty to ensure the safety of workers, visitors, or other individuals who may enter the work zone. Contractors, subcontractors, property owners, equipment operators, machine manufacturers, and others may have a duty to keep people safe.
- Breach. A breach of this standard occurs when the defendant deviates from the reasonably accepted standard of care and fails to take necessary safety precautions.
- Causation. It is not enough to show that the defendant breached their duty; you must also show that their breach directly caused your injury and that you would not have been hurt had the defendant followed proper safety protocols.
- Damages. Finally, you must prove your injury caused you to suffer actual loss, including financial, physical, or mental damages.
Notably, you may have a valid personal injury and workers’ compensation claim simultaneously. Meeting with an experienced construction accident lawyer is the best way to ensure you pursue all viable claims.
How a Healdsburg Construction Accident Attorney Can Help
Construction accident cases can quickly become complicated, especially if you have a possible personal injury claim. It can be challenging to determine the precise cause of the accident, who the liable parties are, applicable insurance coverage, and more. An experienced construction accident lawyer can help you cut through the noise and expedite your claim for compensation.
At Henderson Law, we can assist you every step of the way. We will:
- Investigate the cause of the accident;
- Help identify potentially liable parties;
- Determine whether you might have a personal injury case, workers compensation claim, or both;
- Develop a personalized strategy for your situation;
- Initiate a claim or file a lawsuit on your behalf;
- Negotiate with insurance companies and opposing counsel;
- Handle complex litigation and discovery that might ensue;
- See your case through to trial if necessary; and
- Provide guidance and support throughout your case.
Your focus should be on getting better, not navigating a complex legal process alone. Insurance companies will often try to move quickly in an effort to pay as little as possible. You typically only have two years from the date of the accident to initiate your lawsuit, so it is important to consult with an attorney as soon as possible.
Damages in Construction Accident Negligence Cases
The damages available in a construction negligence case can be substantial depending on the nature and severity of the accident and injuries. Possible forms of damages include:
- Past and future medical expenses,
- Lost wages and earning capacity,
- Pain and suffering,
- Mental anguish,
- Loss of consortium, and
- Loss of enjoyment of life.
Several factors will influence the type and amount of damages you may recover, including the number of defendants, whether the defendants are individuals or corporations, insurance policy coverage, applicable law, severity of the injuries, long-term prognosis, and more.
Types of Construction Accident Cases
The potential causes of construction accidents are infinite, but we routinely see specific causes and types of job-site accidents.
We handle all construction accident cases, including but not limited to cases involving:
- Poor safety precautions, oversight, and inadequate training;
- Building and structure collapse;
- Dangerous or defective equipment accidents;
- Electrical accidents;
- Crane accidents;
- Welding accidents;
- Ladder and scaffold accidents;
- Elevator and hoist accidents;
- Exposure to toxic substances;
- Falls;
- Falling objects;
- Fires and explosions;
- Forklift accidents;
- Harness failures;
- Improper handling and misuse of tools and machinery;
- Slips and falls; and
- Structure failure.
No matter the type of accident, you might be entitled to damages for your injuries. A lawyer can help you hold the liable parties accountable.
Steps to Take After a Construction Site Accident
After a construction accident, feeling overwhelmed, hurt, and anxious about what is to come is normal. Taking specific steps can ensure your health, safety, and well-being and preserve your legal rights to pursue a claim. We recommend you:
- Seek immediate medical attention,
- Follow and continue with your doctor’s medical advice,
- Report the accident to your employer or construction site supervisor,
- Document the scene and preserve evidence, and
- Speak to an experienced attorney.
At Henderson Law, we can assist you with navigating through layers of insurance companies, multiple parties, and complicated investigations.
Healdsburg, CA Construction Site Accident Law Firm
Hiring a Healdsburg construction accident lawyer ensures you do not inadvertently waive your rights or accept a settlement that is less than you deserve. The National Trial Lawyers has recognized Michael Henderson of Henderson Law as a Top 100 trial lawyer. Let us use our experience to help you seek the justice you deserve. Contact us today for your free consultation.
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