Construction accidents often result in major injuries, including disability or death. Whether you sustained your injuries while you were working on or just visiting a job site, many such incidents result from someone’s negligence.
Depending on the circumstances of your construction injury accident, you may have to pursue compensation from your employer’s workers’ compensation insurance or the liability insurance carrier of one of the contractors on the project. In some cases, you can submit a claim to the project’s owner.
A construction accident lawyer in Patchogue, Long Island, can help you pursue financial compensation for your injuries and damages. Contact Gacovino, Lake & Associates, P.C. at 631-600-0000 to talk with one of our lawyers about your claim.
Do You Need a Construction Accident Lawyer to Submit a Claim?
When you sustain serious injuries due to the negligence of a company or individual, you must submit a well-documented claim to obtain fair compensation. Unfortunately, the burden falls to the injured party to prove not only the extent of their injuries but also to prove that the at-fault party’s negligence caused the accident.
Your attorney will have an extensive network of resources that can help build your claim and prove liability for your damages.
On a construction site, multiple parties may have liability for a serious accident. A lawyer can call on safety experts and accident scene reconstruction specialists to help document the events that led to your injuries.
Construction workers can obtain treatment from their employer’s workers’ compensation insurance. However, the workers’ compensation carrier may not provide the comprehensive care necessary for recovery. It also may not compensate you in full for your lost wages.
A construction accident lawyer will gather evidence, including photos or videos of the accident scene, statements from witnesses, safety records, and accident reports. Using these and other documents, as well as testimony from subject matter experts, your attorney can accurately portray the incidents as they took place.
To demonstrate the extent of your injuries and damages, your lawyer will obtain your medical records and testimony from doctors to reflect how this incident has and will affect your life and your ability to earn a living.
Your lawyer will submit the claim for you and work through the complex process of negotiating with the insurance company to obtain a fair settlement.
What Is the Value of Your Construction Accident Claim?
Although every situation is different, your lawyer will consider the following common criteria in deciding how much your claim is worth:
- The cost of the medical treatment and care you have already received as well as the treatment you will need in the future;
- Your lost wages to date and a projection of the income you will lose in the future if you cannot return to work for a period. If your injuries prevent you from resuming your work duties, your lawyer will also add any lost earning ability to your claim;
- Your non-economic damages, such as pain and suffering or lost enjoyment of life;
- Any out-of-pocket costs and miscellaneous damages you suffered due to the accident; and
- If you sustained any long-term or permanent damage, your lawyer would include the value of your loss.
How Will Your Construction Accident Lawyer Demonstrate Negligence?
Your attorney must include information in your claim that proves the at-fault party has liability for your injuries. This requires demonstrating their negligence.
Some common examples of negligence that can lead to an injury accident on the job site include providing inadequate safety training to workers or failing to require safety equipment. Contractors may fail to enforce safety policies or tolerate inappropriate job site behaviors.
Contractors must properly maintain all equipment, tools, and vehicles. Forklift and equipment operators must have appropriate certification and safety training.
To prove liability, your lawyer will demonstrate the four legal elements of negligence. This requires proving the at-fault party owed you a duty of care, but that they breached that duty. Breaching the duty of care, when it leads to an injury accident, makes the at-fault party liable for your damages.
Your lawyer will submit your claim to the at-fault party’s insurance company. The negligent party may be the general contractor for the project, a subcontractor or material supplier, the project’s owner or any other party who owed you a duty of care to stay safe.
Consult a Construction Accident Lawyer in Patchogue, Long Island for No Cost
Gacovino, Lake & Associates, P.C. provides compassionate, professional representation to clients who sustained serious injuries in a construction accident. Contact us today at 631-600-0000 to schedule a free consultation.