You work at a construction site, are involved in a crane accident due to no fault of your own, and suffer an injury. Alternatively, as a pedestrian, you get hurt in an accident involving a crane. In either of these scenarios, get medical help, then consult with a Pahrump crane accident lawyer to review your legal options.
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Who Is to Blame for a Crane Accident
A Pahrump crane accident attorney carefully considers the facts of your case. They understand there is no surefire party responsible for every accident involving a crane. Parties that could be liable for your accident include:
- Crane operator
- Crane manufacturer
- Company operating the crane
H&P Law can put you in touch with a Pahrump personal injury lawyer who gives your case the attention it deserves. We can identify any parties that contributed to your crane accident and injury and help you hold them accountable for their actions. Contact us to get started.
How to Submit a Pahrump Crane Accident Claim
For injured workers, you could request workers’ compensation benefits from your employer based on your crane accident. A crane accident lawyer in Pahrump can help you file the necessary documentation. You should notify your employer within seven days of the accident’s happening and submit your claim within 90 days of this incident.
If you are a pedestrian who was injured in a crane accident, you have two years to file a claim for compensation from any liable parties, per Nevada’s statute of limitations. This time frame may not be extended. Thus, if you do not file a claim within two years, you may be solely responsible for your accident-related losses.
Having a Pahrump construction accident lawyer as your legal representation is beneficial. If your workers’ comp claim is denied or a liable party’s insurer refuses to cover your losses, your attorney can help you pursue other legal options. In these situations and similar ones, your attorney may encourage you to proceed with an injury lawsuit.
What to Expect if You File a Crane Accident Lawsuit
Filing a lawsuit does not automatically entitle you to compensation. A crane accident attorney in Pahrump guides you through the legal process and addresses any concerns and questions you have along the way. They want you to ask for economic and non-economic damages to cover your quantifiable and subjective losses, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
Your attorney can calculate your personal injury settlement value. Along with this, they look for ways to prove that an at-fault party should be required to pay damages. If your attorney succeeds, you are well-equipped to recover maximum compensation.
Evidence You Can Use in a Crane Accident Case
Your body of proof can make a big difference relative to your case results. As your case moves forward, your attorney can help you collect a wide range of evidence to use against an at-fault party. Proof that could help you in your case includes:
- Accident scene photos and videos
- Crane operator and maintenance logs
- Witness statements
- Weather report from the day of your accident
- Accident report
In the same way you can collect evidence, a liable party will search for any proof to support their case. Your lawyer accounts for the proof that an at-fault party intends to use against you. This helps your attorney prepare an argument designed to show a judge or jury that the other party was negligent.
Proving Negligence in a Crane Accident Case
Just because you make statements indicating that a party was liable for your crane accident does not guarantee the court will agree with you. You are responsible for proving that a liable party was negligent.
To validate this point, your attorney will attempt to show that the following elements of negligence were present when your accident happened and you were injured:
- Duty of Care: It was reasonable for a party to take protective measures to make sure that a crane could be used properly and without putting anyone in danger.
- Breach of Duty of Care: This party committed an act of recklessness or carelessness that made a crane unsafe and endangered people.
- Causation: The party did something to contribute to your crane accident.
- Damages: Because of the party’s actions that led to your accident, you suffered economic or non-economic losses.
Your lawyer can provide insights into negligence and its possible impact on your case. They work hard to verify that you are not responsible for your accident. Depending on the strength of your argument, it may be clear to a judge or jury that a liable party was negligent and should be required to pay 100% of the damages you are requesting.
The Potential Impact of Comparative Negligence in a Crane Accident Case
There are instances when two or more parties are to blame for a crane accident. If you are found to be partly liable for your accident involving a crane, what you get in compensation can be determined by your percentage of fault. In a situation where you are 1-50% to blame, you may get partial damages.
Consider what can occur if you are found to be 20% liable for a crane accident. At this time, the defendant may be ordered to cover 80% of your damages. You have to pay the costs of your remaining losses.
With comparative negligence in Nevada, you may be ineligible to get damages if you are primarily responsible for an accident involving a crane. For example, a judge or jury says you are 51% to blame for your accident. You are more at fault than anyone else and, as such, may be entirely responsible for your accident–related costs.
Contact a Pahrump Crane Accident Lawyer Today
You have the right to pursue compensation if you are injured in a crane accident caused by someone else. The H&P Law team can evaluate your case and let you know if now may be the right time to submit a claim or injury lawsuit.
Request a free case consultation with us.
