If you’ve been injured on a construction site, finding the right Mesquite construction accident lawyer will make a significant difference in your recovery and the compensation you receive. Construction accidents involve complex safety regulations, multiple parties, and serious injuries, which can make pursuing a claim challenging, especially if you are not working on the site.
H&P Law offers compassionate legal guidance after a construction accident. We have over 60 years of combined legal experience helping injured victims like you get the financial support they need.
Our Mesquite personal injury lawyers will review your case. To get started, reach out to us. The first consultation is free.
Our Mesquite Construction Accident Lawyers Can Help With a Lawsuit if Necessary
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. Our Mesquite construction accident attorneys will help you file your lawsuit. They can work with you to develop an argument that shows your employer was negligent.
If you are not a worker (for example, a visitor, delivery person, or contractor who is not an employee of the site), you typically cannot file a workers’ compensation claim. In these cases, a personal injury lawsuit may be necessary to pursue compensation for your injuries.
Statute of Limitations for a Personal Injury Lawsuit
According to Nevada Revised Statutes (NRS) §11.190, there is a two–year statute of limitations for most personal injury lawsuits. This means you may have up to two years to seek damages from any at-fault parties. After two years, you may no longer be able to recover all your losses.
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 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 taking 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 its duty of care, it 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. However, if a judge or jury says you are primarily at fault, you may not get any compensation.
Damages Construction Accident Victims Can Pursue
Construction accidents are expensive. Medical expenses for hospital stays, surgeries, rehabilitation, and ongoing care can quickly become overwhelming. Even with health insurance, out-of-pocket costs for treatment, medications, and specialized care can be substantial.
In addition to medical costs, many victims face lost wages due to time away from work, temporary or permanent disability, and reduced earning capacity in the long term. Some injuries may prevent you from returning to your previous job or pursuing the same career path, which can create lasting financial strain.
You will not necessarily have to cover all of your construction injury losses out of your own pocket. In a personal injury lawsuit, you may pursue economic and non-economic damages. A judge or jury may offer damages for many reasons, such as:
- Emotional trauma: Construction accidents can leave lasting psychological effects, including anxiety, depression, nightmares, or post-traumatic stress disorder (PTSD). Emotional trauma can be just as debilitating as physical injuries and may require therapy or counseling, which can add to both emotional and financial burdens.
- Lost wages: When an accident prevents a worker from performing their job, they lose income for the time spent recovering. This can include unpaid sick days, lost overtime, and missed promotions or bonuses. For self-employed or contract workers, lost wages can be even more severe because work hours directly affect their income.
- Diminished earning capacity: If an injury prevents you from returning to your previous role or reduces your ability to perform certain tasks, it can permanently limit future earning potential. This is different from lost wages, which covers past income loss.
- Medical expenses: These include immediate hospital care, emergency room visits, surgeries, imaging tests, and follow-up appointments. High medical bills can result from even minor injuries, and major injuries can lead to considerable debt that the victim has no way of paying.
- Future medical care costs: Some injuries have long-term consequences, such as chronic pain, mobility limitations, or the need for ongoing physical therapy, medications, or assistive devices like wheelchairs or braces. Future care costs can also include home modifications, like ramps, to accommodate permanent disabilities.
- Pain and suffering: This refers to the physical pain endured as a result of the injury and the mental anguish that accompanies it. Pain and suffering can impact sleep, mental health, and day-to-day functioning. It is a non-economic damage, meaning it’s more subjective, but it is a significant part of compensation claims.
Our Mesquite construction accident attorneys will explain how pain and suffering damages are calculated. If your case is successful, you should expect enough damages to cover all of your losses. H&P Law always fights for the optimal outcome.
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 Mesquite construction accident attorney. We’ll help you weigh its pros and cons and make an informed decision.
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 our team, you 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. Our construction accident attorneys in Mesquite will let you know if they believe it is in your best interests to approve an offer. Regardless of what we say, you have the final say on what to do with a proposal.
Who is Responsible for a Construction Accident?
Every construction incident is different, and the party responsible for your accident depends on the facts surrounding your case. Several parties may be liable for your accident, including:
- Architect or site designer: They are responsible for creating safe, practical plans for a construction project. If their designs include structural flaws, unsafe layouts, inadequate supports, or improper specifications for materials, these errors can lead to accidents.
- Construction equipment manufacturer: Defective equipment (such as cranes, forklifts, power tools, or scaffolding) can cause serious accidents. If an accident occurs due to a defective product, the manufacturer can be held liable under product liability laws.
- Contractor or subcontractor: Negligence by a contractor can include failing to provide safety gear, ignoring OSHA standards, improperly supervising workers, or rushing projects in unsafe conditions. Subcontractors can also be liable if their specific work, like electrical installations, directly causes an accident.
- Property owner: Property owners have a legal duty to maintain a safe work environment on their premises. If they fail to identify hazards, allow unsafe conditions to persist, or hire negligent contractors, they can share responsibility for accidents.
Our construction accident attorneys in Mesquite will help you figure out who is liable for your injury. In addition, we will work with you to gather evidence to support your claim.
Common Types of Construction Accidents
Construction sites are inherently risky, and accidents can happen even when safety protocols are in place. Many types of incidents on a construction site can lead to serious injuries and, in some cases, a valid legal claim.
Some of the construction accident cases we handle include:
- Falls from heights: Falls are the most common cause of serious injury or death in construction. Workers or visitors may fall from ladders, scaffolding, roofs, or incomplete structures. Lack of proper fall protection, unsafe scaffolding, or slippery surfaces often contribute.
- Being struck by objects: This occurs when tools, materials, or equipment fall from above or swing unexpectedly. Hard hats reduce risk, but severe injuries still happen if heavy objects hit a worker.
- Electrocutions: Contact with live wires, faulty equipment, or power lines can lead to electrocution. Workers operating near electrical sources or using power tools without proper grounding are especially at risk.
- Caught-in or between hazards: Injuries happen when a worker is trapped between equipment, walls, trenches, or collapsing structures. Examples include being caught in machinery or crushed by a trench collapse.
- Slips, trips, and falls on the same level: These accidents involve slipping or tripping on wet, uneven, or cluttered surfaces rather than falling from heights. They can still result in sprains, fractures, or head injuries.
Our construction accident lawyers in Mesquite carefully examine the accident scene to understand exactly how the incident happened. At H&P Law, we document key details, including the layout of the site, safety conditions, and any hazards that may have contributed to the injury.
Risk and Safety at Construction Sites
Construction sites are inherently high–risk environments where accidents can happen quickly if safety measures are not properly followed. Workers are exposed to hazards such as heavy machinery, elevated work areas, electrical systems, and hazardous materials. Even routine tasks can become dangerous without proper training, equipment, and supervision.
Safety at construction sites relies on strict adherence to protocols, including:
- The use of personal protective equipment (PPE)
- Proper scaffolding and fall protection
- Clear signage
- Regular equipment inspections
Employers are responsible for maintaining a safe work environment and ensuring that safety standards set by regulatory agencies, such as OSHA, are met. When accidents occur despite safety measures, documenting the hazards and circumstances can be key in pursuing compensation for injuries and holding responsible parties accountable.
What to Do After a Construction Site Accident
If you are injured in a construction site accident but are not a worker, you still have important steps to follow to protect your safety and your legal rights. First, seek medical attention immediately, even if your injuries seem minor. Prompt treatment protects your health and creates a clear record of your injuries.
Next, report the accident to the site supervisor, property owner, or any on-site safety personnel. Make sure the incident is officially documented, and request a copy of the report if possible. If you can safely do so, document the scene with photos, videos, or notes about the conditions that caused the accident.
Collect contact information from any witnesses who saw the accident. Avoid discussing fault with anyone at the site, and do not sign any documents without fully understanding their implications. Finally, consult a personal injury lawyer experienced in construction accidents.
Partner With Our Mesquite Construction Accident Attorneys
It is always in your best interests to hire an attorney after a construction accident. We answer any questions you have about submitting your claim. We will also identify the party responsible for your accident and injuries.
You do not have to go through the legal process on your own. At H&P Law, our construction accident lawyers in Mesquite help you navigate this process. To schedule a free case consultation, contact us today.
