There is a good reason construction sites are usually closed to the public. They are often large, dangerous areas full of hazardous materials and powerful tools and equipment. Construction workers, despite their best efforts, may be badly injured because of an employer’s negligence. In that case, an attorney can help you get compensation.
Damages in construction accident cases may be significant if injuries are severe. You might have expensive medical bills to deal with in addition to enormous pain, suffering, and humiliation. To get started, we can gather evidence to help us prove the defendant is responsible. Witnesses, security camera footage, and safety records may all be important pieces of the puzzle. Depending on the situation, your employer, the property developers, or even manufacturers of dangerous equipment may be responsible.
Receive a free, confidential case review when you call our construction accident lawyers with the Rhatigan Law Offices at (312) 578-8502.
Damages You Can Claim in a Construction Accident Case
Damages are usually classified as either economic or non-economic damages, although punitive damages may be available in rare instances.
Your non-economic injuries may account for the physical pain of your injuries, mental distress, emotional trauma, and more. Many injured construction workers also report feeling deeply humiliated in front of their coworkers and colleagues, and your professional reputation might be tarnished. These and other painful experiences may warrant significant compensation.
Your economic damages may include the ways the accident cost you money. Chief among these damages is your medical bills, which might be off the charts if your injuries are severe. You can also claim the income you lose because you cannot work while you are injured.
In less common cases, the court may award punitive damages as a way of punishing defendants for extremely bad behavior. According to 735 I.L.C.S. § 5/2-1115.05(b), our construction accident lawyers must prove by “clear and convincing evidence” that the defendant acted with an evil motive or an outrageous and reckless indifference to highly unreasonable risks and a conscious indifference to the safety of others.
Gathering Evidence for Your Elgin Construction Accident Case
We can start collecting evidence to build your case almost immediately. In fact, it is best to collect evidence as fast as possible, otherwise it could be lost forever.
First, we can gather evidence from the accident scene. Physical evidence may include any tools or pieces of equipment that were involved in the accident. It is especially important to collect tools that were faulty and may have directly caused your injuries.
Next, we should talk to witnesses. Your coworkers might have seen everything unfold and be able to explain it in court. Even if they did not witness the accident, they might have first-hand knowledge about the unsafe conditions that led to the accident.
We should also try to collect security camera footage if it exists. Many construction sites are monitored with security cameras, and your accident might be on video. We must move fast, as the footage could easily be erased or deleted.
Construction sites must abide by safety codes, and there may be safety and inspection information on file with your employer. We can demand to see these records to determine if there were safety violations that contributed to the accident.
How to Begin a Construction Accident Case in Elgin
Starting a lawsuit is not a simple task. It takes lengthy preparations, and you might work with an attorney for months before even filing the case.
Your first step is to report the accident to your employer. They should be notified about the accident so they can create an official record of what occurred. This may be crucial to your case, as we should have some proof that your boss knew about the accident.
Next, call an attorney for help and to explore your legal options. The sooner you contact a lawyer, the more time they may have to help you. Also, they can help you look into other legal avenues for fair compensation that might work better for you than a lawsuit.
If you decide to move forward with a lawsuit, we must start gathering evidence and information about damages and draft a formal legal complaint against the defendant. The complaint is a legal document that initiates the lawsuit and sets the tone for the remainder of the case.
Who Can You Sue for a Construction Accident?
Numerous people or entities may be liable for your accident, and we must make sure to include the right defendants so that you get all the compensation to which you are entitled.
Your Employer
First, we should examine your employer. Construction projects normally begin when developers hire a general contractor, and the general contractor may hire additional workers to help them. This includes hiring subcontractors to perform specific jobs, like electrical work or plumbing.
Depending on who hired you, the general contractor or a subcontractor on the job site might be responsible. Talk to your lawyer about when, where, and how the accident happened to determine if a contractor is to blame.
Equipment Manufacturers
Many construction-related accidents stem from faulty or damaged equipment. If this describes your situation, we may be able to sue the manufacturer of the defective tools. Dangerous equipment like circular saws, power sanders, and jigsaws may be unsafe to use if they are defective or damages. We must prove that the tools were defective or damaged when they arrived to you, and that you were using them for their intended purpose.
Owners or Developers
While property owners and construction project developers usually take a step back once work begins, they might be held responsible for accidents under certain circumstances.
For example, suppose your accident happened because of highly unsafe conditions on the property. Next, suppose the owners negligently failed to inform anyone about the unsafe conditions. In that case, they may be held responsible for the accident.
Developers may also be held liable if they try to exercise too much control over the project. For example, if they provide certain tools and require all workers to use them, but one of the tools malfunctions and hurts you, the developers might be on the hook.
Speak to Our Elgin Construction Accident Lawyers About Your Situation Now
Receive a free, confidential case review when you call our construction accident lawyers with the Rhatigan Law Offices at (312) 578-8502.
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