Construction accidents can be extremely dangerous, and workers may be very badly hurt. You might have high hospital bills to contend with, and you might be unable to go back to work for a while. Speak to an attorney as soon as possible about how to get fair financial compensation from those responsible for the accident.
If you are involved in a construction-related accident, your first step is to call for emergency help. Get an ambulance if you need one and go to the hospital immediately. Also, be sure to report the accident to your employer right away. You have approximately 2 years from the date of the accident to file a civil case for damages, so it is best to hire a lawyer promptly. Not only can your attorney help you prepare your case, but they may also help you navigate the insurance process and explore other legal options.
Call the Rhatigan Law Offices at (312) 578-8502 and ask our construction accident attorneys for a free case review to begin.
What to Do Following a Construction Accident
What happens immediately after a construction accident could set the tone for future legal action. As such, it is best to proceed with caution and do everything you can to protect your legal interests.
First, you should call for emergency help immediately after the accident. Your injuries may be severe, even if they do not appear so outwardly. Go to the hospital and get checked out right away.
You should also contact an attorney as soon as possible. While you do not necessarily have to call a lawyer from your hospital bed, you should not wait too long to call. The longer you wait, the less time your lawyer may have to prepare your case.
Next, make sure the accident and all details surrounding it are reported to your employer. You might also consider reporting the incident to an authority like the federal Occupational Safety and Health Administration. They may open an investigation and uncover evidence our construction accident lawyers can use to support legal action for damages.
Medical Treatment You Might Need for Construction Injuries
Construction accidents can be harsh, and many victims need extensive medical treatment that leads to big hospital bills. The more treatment you need, the greater your economic damages are likely to be.
Catastrophic injuries may require expensive and invasive medical treatment. You may require emergency surgery and possibly future surgeries to correct the damage. X-rays, casts, and braces may also be necessary parts of your care.
Electrical shocks and burns are fairly common construction injuries, and you should seek treatment immediately. These injuries often lead to serious skin injuries, and you might be looking at possible skin grafts and a long road to recovery in serious cases.
Some treatment is common for many cases. You may need pain medication, physical therapy, and repeat doctor visits to help you fully recover.
How Long After a Construction Accident Can You File a Lawsuit in Peoria?
Your time to file a civil case is limited by the statute of limitations. In Illinois, your claim may fall under the statute for personal injuries, 735 I.L.C.S. § 5/13-202. Such claims must be filed within 2 years of when the cause of action arises, which is usually the day of the accident.
Before we rush to the court to file your case, is there any reason to wait? Your injuries may change over time, and waiting a little while might give us a better idea of your injuries and damages before we file the case. Also, we might need time to investigate other legal options, like insurance claims or private settlements.
While waiting to file has some advantages, we should not wait too long. If the limitation period ends and we have not filed your case, we might be time-barred from doing so. This means you can never file the case, and you might never get fair compensation for your injuries.
Dealing with Insurance After a Construction Accident in Peoria
Insurance is a necessary evil in today’s world, and it might apply to your construction accident. You might have personal insurance, or your employer might have insurance that can cover your damages. Your lawyer can help you look into it and coordinate benefits.
You might file a claim with your own insurance. Many construction workers are independent contractors who must buy their own insurance, and it might help you after an accident.
What about your employer’s insurance? Does the general contractor or subcontractor who hired you have insurance that covers the accident? We should inquire about their coverage to determine if it will cover your accident. We might file claims with your insurance and your employer’s to maximize your coverage.
What about the property owner or developer? They might also have insurance. On top of it all, you may need an attorney to help you coordinate benefits if you file multiple claims with different insurance policies.
Can I Sue for a Construction Accident if I am Partially Responsible?
The defendant might try to argue that you contributed to the accident and are partially responsible, and they might be right. While this is an unpleasant issue to deal with, it should not prevent you from filing your case and recovering damages.
If the court believes the defendant’s arguments have merit, it may apply laws of comparative negligence under 735 I.L.C.S. § 5/2-1116. If you are found to be partially at fault, your damages may be reduced in proportion to your share of fault. If you are 10% responsible for the construction accident, your overall damages may be diminished by 10%.
This rule only goes so far. If a plaintiff is found by the court to be more than 50% responsible for the accident, meaning their share of fault outweighs the defendant’s, they may be barred from recovering any damages.
Receive Help From Our Peoria Construction Accident Attorneys
Call the Rhatigan Law Offices at (312) 578-8502 and ask our construction accident attorneys for a free case review to begin.
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