You may get hurt in a construction site accident due to someone else’s negligence. At this point, it may be a good idea to consult with a Mesquite personal injury lawyer. From here, your lawyer can explain what legal options are available.
If you want legal guidance and support after you suffer a construction job injury, the team at H&P Law can help. Our Mesquite construction accident lawyer can review your case. To get started, reach out to us.
Proving Negligence in a Construction Site Accident Case
You are responsible for the burden of proof in your personal injury case. If you cannot make it clear to a judge or jury that someone else is responsible for your construction job accident and injury, you and your personal injury lawyer may not secure damages. To prove negligence, you must show the following elements were present at the time of your incident:
- Duty of Care: An at-fault party was legally responsible for action in a cautious and reasonable manner.
- Breach of Duty of Care: The party violated their legal obligation, putting you in danger.
- Causation: Since the party breached their duty of care, they caused your accident.
- Damages: You face quantifiable and subjective losses because of the party’s actions.
You may also be subject to comparative negligence in Nevada. If a judge or jury finds you are partly responsible for your accident and injury, you may receive a fraction of the damages you initially sought. Along with this, if a judge or jury says you are primarily at fault, you may not get any compensation.
What to Do After a Construction Site Accident
You should seek medical attention in the moments after your construction accident. By meeting with a doctor, you can receive an evaluation and treatment. You can take appropriate measures to prevent your injury from getting any worse.
If your construction accident took place at work, you may be eligible for workers’ compensation. You must notify your employer within seven days of when your injury occurred about the incident. If you do not, your workers’ comp claim may be denied.
You may be eligible for damages relating to your construction site accident. To find out if this is the case, it may be beneficial to meet with a Mesquite construction accident attorney from H&P Law. Contact us today.
Construction Site Accident Injury Lawsuit
Most employers must have workers’ compensation insurance coverage. They are responsible for meeting various coverage requirements. Yet, there are times when a personal injury lawsuit is needed to pursue damages relating to an accident at a construction site.
If you work for a business that does not provide workers’ comp, you may have to move forward with an injury lawsuit to seek damages. An attorney may help you file your lawsuit. They can work with you to develop an argument that shows your employer was negligent.
Even if you are not filing a lawsuit, it may be in your best interests to hire an attorney to assist you with your workers’ compensation claim. Your lawyer can answer any questions you have about submitting your claim. They can also help you identify the party responsible for your accident and injury.
Construction Accident Liability
Every construction incident is different. Much in the same vein, the party responsible for your accident depends on the facts surrounding your case. There are several parties who may be liable for your accident, including:
- Architect or site designer
- Construction equipment manufacturer
- Contractor or subcontractor
- Property owner
A construction accident attorney in Mesquite may help you figure out who is liable for your injury. In addition, they may work with you to gather evidence to support your claim. They may also search for ways to help you build a compelling argument and achieve the best possible case results.
Statute of Limitations for a Construction Accident Claim
According to Nevada Revised Statutes (NRS) §11.190, there is a two-year statute of limitations for personal injury claims. This means you may have up to two years from the date of your construction injury to seek damages from any at-fault parties. Beyond two years, you may be ineligible to recover damages.
In a workers’ comp claim, your employer’s insurance company may cover your injury-related losses. For instance, you may notify your employer about your injury and file the paperwork for your claim. In the best-case scenario, an insurer reviews and approves your claim, and you get the benefits you want.
You may have a valid request for workers’ comp benefits, but your employer’s insurance provider may dispute your claim. In this situation, it helps to have an attorney at your side. Your lawyer can advocate for you and protect your legal rights as you try to get the damages you want.
Construction Injury Damages
You will not necessarily have to cover all of your construction injury losses out of your own pocket. In an injury lawsuit, you may pursue economic and non-economic damages. A judge or jury may offer damages for many reasons, such as:
- Emotional trauma
- Lost wages
- Medical expenses
- Pain and suffering
Your attorney can explain how pain and suffering damages are calculated. They may urge you to ask for both types of damages. If your case is successful, you should expect enough damages to cover all of your losses.
Construction Site Injury Settlement
You may be wondering if a settlement is best for your personal injury lawsuit. If you receive a settlement offer, it may be helpful to discuss the proposal with your attorney. Then, you can hear what your construction accident lawyer in Mesquite has to say about the offer, weigh its pros and cons, and make an informed decision about it.
The defendant in your case may be inclined to propose a settlement if they have concerns about the strength of your case. They may offer to settle in the hopes that you will accept far less than what your case is actually worth. By reviewing a settlement proposal with your attorney, you can get insights into what may happen if you approve, decline, or counter the offer.
Just because you get a settlement offer does not guarantee the proposal is fair. Your attorney will let you know if they believe it is in your best interests to approve an offer. Regardless of what your lawyer says, you have the final say on what to do with a proposal.
Partner with a Mesquite Construction Accident Attorney
You do not have to go through the legal process on your own. At H&P Law, our construction accident lawyer in Mesquite can help you navigate this process. To schedule a free case consultation, contact us today.
