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. We have recovered over $100 million for our clients.
For those seeking legal assistance with a construction site accident claim, the legal team at H&P Law is available to help. 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 construction accident lawyer in Pahrump.
Who Is Responsible for a Construction Accident
You may be in no way responsible for your construction accident. Nevertheless, it may be challenging to determine 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 cautiously and reasonably toward you.
- Breach of Duty of Care: The party violated this obligation.
- Causation: Since the party breached its duty of care, it 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.
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 Pahrump construction accident attorney may help you find ways to get the maximum 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.
Economic vs Non-Economic Damages
Victims of a construction accident have the right to seek compensation for any losses they have suffered. This often falls into one of two areas: economic or non-economic losses. Our team will help you determine what specific losses you have in each of these areas.
Economic losses are those easily determined based on the actual dollar amount you lost, often backed up by a statement you have or a medical bill. Economic losses include lost wages from missed time at work and medical expenses. They can also include future expected losses, such as future medical care you will need and the estimated costs associated with it. Include all out-of-pocket expenses here.
Non-economic losses are those that are more subjective in value but still critically important to demonstrate and document. This includes losses such as emotional trauma and pain and suffering.
These are very real, very impactful losses you suffered, and therefore, they will be a component of your claim. Our construction accident lawyer in Pahrump will work closely with you to verify these losses.
Punitive Damages in Nevada
Punitive damages are a third type of potential loss that is potentially, though rarely, available after an accident. This type of compensation is intended to punish the at-fault party, holding them accountable for their actions, while also discouraging them from engaging in similar activities in the future.
These damages are typically only available in situations where you have suffered injuries as a result of intentional or significantly reckless behavior. A judge will determine if you are owed these losses.
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, think again. Because if you make a mistake along the way, you may leave money on the table.
If you receive a settlement offer, consider discussing it with an attorney. You do not have to accept a proposal. By consulting a lawyer to evaluate the offer, you can gain valuable 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.
Access to Medical Care After Your Accident
When you are hurt in a construction accident, always prioritize your medical care as a starting point. Get to the hospital as soon as possible and follow all recommended follow-up care from your doctors. Your goal after your accident is always to pursue health and well-being.
It can be challenging to determine whether you should seek care, even though you are concerned about the medical costs. Your costs are likely to be covered in your claim.
If you are unsure about your ability to get care or you are unable to pursue specialized treatment for any reason, speak to our legal team about your concerns. In some situations, we can help you to find the best quality of care available so that you always have the best chance at recovery.
Unsure About Your Claim and Case?
If you are not sure if you should seek medical care or if you are considering alternative types of treatment, reach out to our construction accident lawyer in Pahrump before you do so. That will allow us to provide you with access to the high level of care you need in these challenging situations.
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 construction accident attorney in Pahrump can help you determine what to do next with your case. To request a free consultation, contact us today.
