If you suffer an injury at a construction site, you may be able to pursue damages. At this point, it may be beneficial to consult with a Pahrump personal injury lawyer. From here, you can explore your legal options.
For those who want legal help with a construction site accident claim, the legal team at H&P Law can assist. We can evaluate your case and help you figure out if now is the right time to seek damages from an at-fault party. Contact us today to schedule a consultation with our Pahrump construction accident lawyer.
Workplace Construction Accidents
You may work at a construction site and get hurt due to no fault of your own. In this situation, you may be eligible for workers’ compensation benefits. With workers’ comp, you may receive money you can use while you recover from your injury.
Just because you submit a workers’ comp claim does not guarantee you will get compensation from your employer. If you do not fill out the required forms correctly or make other mistakes, your claim may be denied. In the worst-case scenario, you may have to cover your injury-related costs out of your own pocket.
The legal team at H&P Law is courtroom-proven and client-praised. Our Pahrump construction accident attorney may be able to help you with your workers’ comp claim. To learn more, reach out to us.
Who Is Responsible for a Construction Accident
You may be in no way responsible for your construction accident. Regardless, it may be difficult to identify who is at fault. There are many parties who may be liable for an accident at a construction site, such as:
- The construction company
- The construction site owner
- A contractor or subcontractor
- The construction equipment manufacturer
A construction accident attorney in Pahrump can review the facts of your case. They may help you figure out who is responsible for your accident. Next, they may be able to submit a claim on your behalf and help you get the best case results.
Proving Fault in a Construction Accident Case
You may use accident scene photos, videos, and other forms of proof to support your request for compensation. Each piece of evidence you collect may help you compel a judge or jury to rule in your favor. In addition to providing proof, you must be able to show the following elements of negligence were present at the time of your accident to secure damages from an at-fault party:
- Duty of Care: A party had a legal obligation to act in a cautious and reasonable manner toward you.
- Breach of Duty of Care: The party violated this obligation.
- Causation: Since the party breached their duty of care, they caused your accident.
- Damages: You are dealing with economic or non-economic losses due to the party’s actions.
You may believe you have a strong argument. However, the defendant in your case may do everything within their power to dispute your case. Fortunately, a construction accident lawyer in Pahrump can help you file a claim and craft an argument that resonates with a judge or jury.
Construction Accident Claim Statute of Limitations
Per Nevada Revised Statutes (NRS) §11.190, you may have up to two years to submit a personal injury claim. The window for filing your claim opens on the date you suffer your injury. If you do not request damages during this period, you may be solely responsible for your injury-related losses.
With workers’ compensation, there are claims processing time frames. You may have up to seven days from the date you get hurt at a construction site to notify your employer about your injury. Along with this, there may be a 90-day window to submit a workers’ comp insurance claim through your employer’s insurance company.
It may be best not to wait too long from the date of your construction accident injury to file your claim. If you partner with an attorney, you can submit your claim before your window to do so lapses. Plus, your lawyer may help you find ways to get the most damages possible.
Construction Accident Case Damages
Your lawyer can explain construction site accidents 101 and the damages you may be able to receive in your case. You may be eligible for economic and non-economic compensation. Reasons why a judge or jury may award you compensation include:
- Emotional distress
- Medical bills
- Lost wages
- Pain and suffering
Your attorney may help you calculate your damages. They may encourage you to pursue economic and non-economic compensation. A judge or jury may offer economic compensation based on your quantifiable losses and non-economic damages for subjective harm.
Modified Comparative Fault
You may be held partly responsible for an injury you suffer at a construction site. In this situation, you may be subject to modified comparative fault. Based on this, the damages you receive in your injury case may be reduced by your percentage of fault.
For example, a judge or jury may say you are 20% liable for your construction site injury. If this happens, you may receive 80% of the damages you initially requested. You may also be accountable for 20% of your injury-related losses.
If you are found to be primarily at fault for your injury, you may be ineligible for damages. For instance, a judge or jury may find you are 51% liable. In this instance, the defendant may not have to pay you any damages, and you may be 100% responsible for your injury costs.
Construction Site Injury Settlement
You may have the option to settle your construction site accident claim. If you are thinking about negotiating your own settlement, you may want to think again. Because if you make a mistake along the way, you may leave money on the table.
If you receive a settlement offer, you may want to discuss it with an attorney. You do not have to accept a proposal. By evaluating the offer with a lawyer, you can get insights into its pros and cons.
Your lawyer can answer any questions you have about a settlement offer. If you approve the proposal, you will get compensation and close your case. Alternatively, if you decline the offer, you and your lawyer can keep working together to strengthen your case and prepare for your trial.
Contact a Pahrump Construction Accident Lawyer For a Free Case Review
Many legal options are available to those who get hurt in a construction site accident. At H&P Law, our attorney can help you determine what to do next with your case. To request a free consultation, contact us today.
