FAQ: Construction Accidents
Do I need to retain an attorney in a construction accident case?
Yes. Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, it is generally wise to at least consult with an attorney who handles construction accident cases to determine if there is a potential case against someone other than your employer. The law in construction accident cases is extraordinarily complex and you need an attorney who knows his or her way around construction accident litigation.
Will my construction accident case settle out of court?
Probably. 90 to 95 percent of construction accident cases do settle sometime before trial. There are complex issues and the presence of worker's compensation liens make these cases difficult to settle without intensive litigation.
How important is it for my attorney to retain highly qualified experts in construction cases?
It is almost always necessary for a plaintiff's attorney to retain construction practice experts and safety experts. There will be many insurance coverage issues, contract issues, and issues of relative liability between the various trades which require the retention of a sophisticated expert to be able to explain to a jury the relative responsibilities of the parties. Further, a construction safety expert will be able to point to the negligent way in which the construction project was conceived and monitored.
Can I file a lawsuit against persons or entities that caused my injury even if I am collecting worker's compensation benefits?
Yes. If you can establish that somebody other than your employer at the job site acted negligently and contributed to your injuries, you can still bring a lawsuit even though you are collecting worker's compensation benefits. Your workers compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.
Yes. Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, it is generally wise to at least consult with an attorney who handles construction accident cases to determine if there is a potential case against someone other than your employer. The law in construction accident cases is extraordinarily complex and you need an attorney who knows his or her way around construction accident litigation.
Will my construction accident case settle out of court?
Probably. 90 to 95 percent of construction accident cases do settle sometime before trial. There are complex issues and the presence of worker's compensation liens make these cases difficult to settle without intensive litigation.
How important is it for my attorney to retain highly qualified experts in construction cases?
It is almost always necessary for a plaintiff's attorney to retain construction practice experts and safety experts. There will be many insurance coverage issues, contract issues, and issues of relative liability between the various trades which require the retention of a sophisticated expert to be able to explain to a jury the relative responsibilities of the parties. Further, a construction safety expert will be able to point to the negligent way in which the construction project was conceived and monitored.
Can I file a lawsuit against persons or entities that caused my injury even if I am collecting worker's compensation benefits?
Yes. If you can establish that somebody other than your employer at the job site acted negligently and contributed to your injuries, you can still bring a lawsuit even though you are collecting worker's compensation benefits. Your workers compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.