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Construction Accidents
An individual or company responsible for an accident on a construction site can be sued for damages. The victim of a personal injury lawsuit may be entitled to compensation for such damages as medical costs, lost wages, pain, and suffering, and loss of future earnings as a result of the accident.
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In the event of a fatal construction accident, a wrongful death suit can be filed by the surviving family members. The family of the deceased will be able to receive compensation by filing a wrongful death claim.
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Workers' compensation may cover an employer who suffers an injury on the job. Worker's compensation usually pays for medical bills resulting from an accident as well as replacing lost income. Nevertheless, an injured worker might still be able to file a lawsuit against a third party responsible for his or her injuries.
Liable Parties
An injured party can file a lawsuit against the party responsible for an accident on a construction site. Injured individuals may be able to recover damages from whoever is at fault.
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Construction accidents are caused by different parties depending on the type of accident and the people involved. Property owners, construction workers, construction firms, machine manufacturers, architects, engineers, contractors, subcontractors, or local governments may be responsible for a construction accident. In construction site accidents, the cause of injury may be negligence, premises liability, employee vicarious liability, or product defects.
Negligence
Negligence is the most common cause of personal injury claims. The plaintiff must prove the following elements to prove negligence in a construction accident case: that the defendant owed the plaintiff a duty of care; that the defendant breached that duty of care through negligence; and that the defendant's negligence was significantly contributing to the harm or death suffered by the plaintiff.
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As long as the plaintiff can show that the defendant caused the construction accident through negligence, the defendant will be liable for the plaintiff's damages.
Premises Liability
Accidents that occur on a property can make the owner liable. Laws governing premises liability require property owners and occupiers to maintain the property free of dangerous conditions. Visitors to the property are subject to different duties depending on their type.
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A premises liability lawsuit requires the plaintiff to show that the defendant owned, occupied, or controlled the property; the defendant was negligent in its use or maintenance; the plaintiff was injured; and the defendant's negligence caused the plaintiff's injuries.
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It is possible that customers or visitors to store and office buildings may walk into construction zones without realizing it. It is important to have warnings or barriers around construction areas to prevent people from walking into dangerous areas. Construction accidents may occur when a worker falls from a height without a railing, falls down temporary steps, slips and falls on wet surfaces, or trips over loose flooring.
Negligent Employees
Employees of the construction company can cause construction site accidents. The negligent employee could be held accountable for their actions. According to "Respondeat Superior" laws, an employer is vicariously liable for an employee's negligence.
Product Malfunctions
A defective product can cause some construction accidents. As a result of product liability law, those who design, manufacture, or sell a defective product are strictly liable for those injuries. Even if a designer, manufacturer, or seller did not act negligently, they may still be held liable.
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Products with strict liability for defects fall into three categories: manufacturing defects, design defects, and inadequate warning defects.
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For instance, defective tools may cause accidents, as can faulty heavy machinery, ladders and scaffolding that are not safe, electrical machines that cause shocks or electrocution, or leaking machines that cause a fire.
Compensatory Damages
Injured victims can receive compensation for their costs and losses following a construction site accident. Damages include compensatory damages, which are meant to compensate the victim for what they have lost. This includes economic damages as well as non-economic damages with no obvious dollar value.
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In a lawsuit for construction accident injuries, compensatory damages can include medical bills, physical therapy, long-term care, medications, medical supplies, lost wages, and lost future income.
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An injury victim can receive noneconomic damages to compensate for losses to himself or herself and their family caused by the accident, such as loss of consortium, loss of reputation, loss of a limb, emotional distress, and pain and suffering.
When the defendant acted with extreme recklessness or intentionality, punitive damages or exemplary damages can be awarded in a construction accident. Rather than compensating the victim for their losses, punitive damages are meant to punish the defendant and deter similar future behavior.
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A defendant may be liable for punitive damages in a personal injury accident if there has been malice, fraud or oppression, extreme recklessness, or intentional harm caused.
Injured While Working Onsite
A construction accident may result in workers' compensation benefits for those injured on the job. An injured worker may be able to sue for personal injury depending on who caused the accident and who is responsible for it.
Employees' legal rights are restricted by workers' compensation. A worker who is injured may not be able to sue their employer, but he or she can file a workers' compensation claim instead. Workers' compensation covers medical expenses and wage replacement for the injured worker.
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Employees gain the benefit of not having to prove negligence on the part of their employer. However, there may be a limit on compensation and the injured worker might have to deal with a denial from their employer or insurance company.
If an individual is injured on the job, he or she can pursue a personal injury claim against negligent third parties or if the individual is an independent contractor. You can find out whether you're eligible for compensation by consulting with a personal injury lawyer.
Independent Contractors
Independent contractors make up a large percentage of construction workers. The party responsible for the accident may be held liable for the injuries caused to independent contractors on construction sites. Third-party defendants who contributed to a workplace accident may also be liable for a personal injury claim. For example, a property owner, a manufacturer, or a contractor.
Wrongful Death Cases
An injured worker's family may be able to file a lawsuit for wrongful death following a construction site accident. When a loved one is killed as the result of the reckless actions of another, certain family members may be eligible to recover damages.
Families can also seek compensation under claims of negligence, product liability, and property liability, which are similar to personal injury claims.
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In California, only specific members of the decedent's family can sue for wrongful death. These include surviving spouses; domestic partners; children; grandchildren (if the children have died); or anyone else who would be entitled to the decedent's assets from California's intestate succession laws. Among the damages that may be recovered in a wrongful death lawsuit are funeral and burial expenses; the value of the services the deceased would have provided; loss of companionship; loss of support, loss of affection; and loss of financial support.
At Fault But Seeking Damages
Injured victims can still sue others responsible for the accident, even if they are partially to blame. A plaintiff in California can still receive damages depending on how much each party is at fault under "comparative fault" law.
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In the event that more than one party is found responsible for the plaintiff's injuries, the jury will determine what percentage each party is responsible for. Each percentage must add up to 100%. After the jury decides the total damages, they will award the money. Depending on the defendant's level of fault, the plaintiff may be able to recover damages.
Common Influences of Construction Site Accidents
Injuries occur most frequently on construction sites. OSHA identifies construction as one of the most dangerous industries in the United States, with more fatalities than the national average.
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A total of 4,693 workers died in 2016. Over 21% of those deaths occurred in construction. In the construction industry, OSHA typically cites scaffolding, fall protection, excavations, ladders, head protection, hazards communication, and electrical wiring, design, and protection as the most common hazards and safety violations.
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I can provide legal representation to construction workers who have been injured on the job. According to the California Department of Public Health, the construction industry ranks second in the state for fatal workplace accidents.
Objects falling from heights, electrocutions, and faulty equipment are common causes of construction accidents. Injury types at work include burns, head trauma, and spinal cord injuries.
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Injured victims can file a construction accident lawsuit with the assistance of a skilled personal injury attorney. Lawsuits claiming such damages often fall under one or more of the following legal theories: negligence, product liability, premises liability, wrongful death, and government liability.
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A construction accident lawyer can help a client in a number of ways, aside from filing a lawsuit. By way of example, an experienced attorney can assist injury victims by gathering evidence to support a claim, managing ongoing medical care, filing a claim with an at-fault party's insurer, filing a workers' compensation claim on their behalf, and finding hidden value in the claim to maximize their award.
Common Injuries From Construction Accidents
Accidental injuries to construction workers are not uncommon on the job site. Construction is the second most dangerous industry in California according to the California Department of Industrial Relations. Between 2013 and 2019, there were 464 fatalities.
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In the United States, the OSHA (Occupational Safety and Health Administration) issues several safety regulations to make employers safer, but construction workers are not immune from getting hurt at work. A construction accident is usually caused by one of the following: falls, falling objects, people getting trapped in equipment, electrocutions, defective equipment, fires and explosions, insufficient safety equipment, heavy equipment, and collapse.
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Worker injuries on construction sites in California can be serious and catastrophic. An injury occurring as a result of a construction accident might include spinal cord damage, a traumatic brain injury, burns, broken bones, lacerations, and neck, back, and shoulder injuries. An accident at a construction site can even lead to death, amputation, or permanent disability in some cases.
Common Defendants In Construction Accident Cases
Workers who are injured while working on construction sites have the right to file a personal injury lawsuit against the party responsible. The parties at fault in these types of cases are typically the owners of construction sites or other properties, a construction company, general contractors, subcontractors, engineers, architects, and manufacturers of machinery and work equipment.
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The responsible party usually has to compensate the injured party for: medical expenses and medical bills, lost wages, lost earning capacity, property damage, and pain and suffering.
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Construction accidents can result in wrongful death lawsuits being filed by the family of the deceased victim against the party who caused the accident. Compensation for the loss of companionship and support of the deceased can include burial and funeral expenses, amounts the deceased would have earned as income, as well as compensation for their death.
The Role of a Lawyer
The role of a Los Angeles construction accident attorney is multifaceted. An injury lawyer can assist in dealing with the ongoing medical care of their clients and look after their health.
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During their investigation of a particular case, they can gather evidence that can prove that someone is at fault for the construction injury. Attorneys can even hire experts to assist in explaining this evidence to a jury or judge if needed.
In addition to filing two important claims for their clients, construction accident attorneys can also represent them in two other areas. An insurance claim can be made with the insurance companies of anyone who is at fault in the construction accident. Second, a workers' compensation claim can be filed through an employer's insurance company. Workers' compensation benefits (including disability benefits) may be available in this case.
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Additionally, lawyers can file lawsuits and seek favorable verdicts in construction injury cases.
Benefits of Hiring a Lawyer
An injury victim can maximize their compensation as a result of the services of an experienced construction lawyer.
A lawyer with experience will be able to determine the value of a case. Due to this, the lawyer will not accept a low settlement offer. Also, attorneys can find hidden value in a case, which could mean extra compensation for the injured worker.
Construction attorneys begin managing cases from the moment they accept them. Therefore, injured parties can concentrate on their health and healing, rather than worrying about the demands of their cases. Most personal injury lawyers provide free case evaluations as well. As a result, victims can get all of their legal questions answered for free.
Generally speaking, a construction lawsuit involves a property owner or homeowner bringing a claim against a general contractor due to poor work quality, negligence, or property damage. There are several legal theories underlying these lawsuits, including negligence, breach of contract, and products liability, depending on state laws. Depending on the jurisdiction, these cases are known as construction defect claims or construction defect lawsuits.
Plaintiffs who win a construction lawsuit can recover compensation for medical costs, lost income, future lost income, property damage, and pain and suffering.
To file a construction defect lawsuit, claimants must do so within the statute of limitations of their state. According to general rules, deadlines for filing a suit are two to six years after the plaintiff's injury, but can vary based on the following: facts of the case, and the legal theory the plaintiff uses to support his/her claim.
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Construction Defect Lawsuits
Plaintiff homeowners or real estate owners file construction cases against a contractor who damages their property or causes personal injury.
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A construction dispute or legal action can also be brought against: subcontractors, architects, engineers, a construction company, construction machine manufacturers, individual contractors, government agencies (federal, state, or local), design professionals, and any other party or member of the construction industry that shares responsibility for the poor construction.
Legal claims in construction litigation usually fall under one of the following categories: negligence, vicarious liability, product defects, and breach of contract.
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These legal theories are typically employed when plaintiffs file a construction lawsuit.
Negligence Claims
Lawsuits related to construction are most commonly brought on grounds of negligence.
For these claims to succeed, plaintiffs must prove that the defendant contractor or other party owed the plaintiff a duty of care, that the defendant breached that duty of care, and that the breach resulted in the plaintiff's injury.
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Contractors, for example, are required to use materials on construction sites that meet industry standards. It is a violation of their duty if they use substandard materials. Victims who suffer property damage or physical injuries due to this breach of contract have a negligence claim against the contractors.
Vicarious Liability
The vicarious liability claim holds employers responsible for the actions of their employees.The vicarious liability claim holds employers responsible for the actions of their employees.
Product Malfunctions
Plaintiffs can file a products liability lawsuit against those responsible when construction is impeded by defective materials or machines. Companies who are responsible for design flaws, manufacturing flaws, and inadequate warning defects are potential defendants.
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Typically, an injured plaintiff needs to prove a number of things in order to succeed with these claims: the product must be defective, the plaintiff must use the product in the way it was intended to be used, the product caused the plaintiff's injuries, and the injuries resulted in financial damages.
Breach of Contract
Construction contracts are commonly used in construction projects. It is possible for a condominium owner and a contractor (with only a few years of experience) to enter into a contract whereby the contractor agrees to remodel the owner's kitchen by a certain date and with certain specifications.
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In the event that the general contractor breaches the contract, and this failure results in damages for the plaintiff, then the plaintiff can bring a claim for breach of contract. The contractor may have breached the contract in the above example because delays in construction meant he/she wasn't able to remodel the kitchen by the specified date.
Wrongful Death
A family can sue for wrongful death if someone dies as a result of a construction accident. When someone dies, his or her family can sue the responsible parties.
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In addition to funeral and burial expenses, wrongful death damages can include the loss of financial support provided by the victim, the value of services provided by the victim, and the loss of companionship, support, and affection provided by the victim.
Recoverable Damages
Generally, plaintiffs in construction lawsuits can seek compensation for the following: medical costs, property damage, pain and suffering, lost wages, future income loss, loss of consortium, and reputational damage.
Plaintiffs may receive these damages after a civil trial, a settlement, or some type of dispute resolution (such as mediation or arbitration).
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Construction lawsuits may also be awarded punitive damages depending on the state in which they are filed if a court finds that the defendant acted with extreme recklessness, fraud, or purposefully caused harm to the plaintiff.
Punitive damage is meant to punish a defendant and is normally much larger than compensatory damage. A court may also award attorney's fees to a plaintiff depending on the facts of a case. In wrongful death cases, damage awards do not typically apply.
Statute of Limitations
A construction lawsuit must be filed within the applicable statute of limitations for the plaintiff's state.
"A statute of limitations" stipulates how long a plaintiff has to file a claim. Unless a claim is filed before the statute of limitations expires, the plaintiff loses the right to file the claim.
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Statutes of limitations for these types of cases typically require a plaintiff to file a claim within three to six years following the date of injury, depending on the legal theory behind the claim.