Construction Accident Lawyer: When to Hire After an Injury

Construction sites, while vital for building our infrastructure, are inherently dangerous workplaces. According to the Bureau of Labor Statistics, the construction industry had 1,075 fatal injuries in 2023 [19]. Accidents happen despite safety regulations, and when they do, the consequences can be devastating. If you’ve been injured in a construction accident, knowing when to hire a construction accident lawyer is crucial to protecting your rights and securing the compensation you deserve.

Understanding Your Rights After a Construction Accident

Following a construction accident, you may be entitled to various forms of compensation. This can include workers’ compensation benefits, which cover medical expenses and lost wages, and third-party claims if your injury was caused by the negligence of someone other than your employer [20, 18]. Common construction accident injuries include traumatic brain injuries, spinal cord injuries, broken bones, burns, and amputations [13, 17].

Key Factors in Deciding When to Hire a Lawyer

Several factors should influence your decision on when to hire a construction accident lawyer:

Severity of the Injury: The more severe the injury, the greater the potential compensation you may be entitled to [8]. If your injuries require long-term care, result in permanent disability, or prevent you from returning to work, it’s critical to consult with an attorney [6, 8].
Inability to Work: If your injury prevents you from returning to work for weeks or months, a lawyer can help you recover compensation for lost wages or loss of income [6]. In cases where you can no longer perform your job, seeking legal assistance is essential [6].
Third-Party Liability: In many construction accidents, a party other than your employer may be responsible [6]. This could be a subcontractor, equipment manufacturer, or site owner. A lawyer can help you identify all liable parties and pursue a third-party claim [8, 12].
Disputed Liability: If the responsible party or insurance company disputes their liability, a lawyer can collect evidence and build a strong case to support your claim [8].
Complex Legal Issues: Construction accident cases often involve complex legal and factual issues, such as navigating workplace safety laws, determining negligence, and dealing with multiple parties [8, 12]. An experienced attorney can help you understand your rights and navigate these complexities.

The Importance of Early Legal Intervention

Ideally, you should contact a construction accident lawyer as soon as possible after the accident [9]. Here’s why:

Preservation of Evidence: Evidence is crucial in personal injury cases, and it can degrade or disappear over time [9]. An attorney can investigate the accident scene, gather evidence, and interview witnesses while the information is still fresh [2, 9].
Statute of Limitations: Every state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit [3, 4, 5, 7]. Missing this deadline can prevent you from recovering compensation [3, 4]. In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the injury [4]. In Illinois, the statute of limitations for construction accident cases is four years [3]. An attorney can ensure that your claim is filed within the applicable time limit [8].
Negotiations with Insurance Companies: Insurance companies may try to minimize your settlement or deny your claim altogether [9]. An attorney can represent your interests and negotiate with insurance companies to ensure you receive a fair settlement [9].
Legal Counsel and Guidance: An attorney can provide you with important guidance about your rights and the potential legal avenues available to you [9]. They can explain the complexities of workers’ compensation and third-party claims, and help you make informed decisions about your case [9].

How a Construction Accident Lawyer Can Help

A construction accident lawyer can provide a range of services to help you pursue your claim, including:

Investigating the accident: Gathering evidence, interviewing witnesses, and consulting with experts to determine the cause of the accident and identify liable parties [2, 9].
Evaluating your damages: Assessing the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future care costs [3, 10].
Filing a claim: Preparing and filing all necessary paperwork, including workers’ compensation claims and third-party lawsuits [2, 4].
Negotiating a settlement: Representing your interests in negotiations with insurance companies and other parties to reach a fair settlement [9].
Litigating your case: If a settlement cannot be reached, an attorney can take your case to trial and present your case to a judge or jury [2, 11].

Construction Accident Lawsuit Timeline

The timeline for resolving a construction accident lawsuit can vary depending on the complexity of the case [2, 10, 11, 15, 19]. Minor injury cases with clear liability may be settled quickly, while severe injury cases with multiple parties involved can take much longer [2]. The general timeline for a construction accident lawsuit includes:

Initial Consultation and Investigation (1-3 months): Gathering evidence, speaking with witnesses, and reviewing medical records [2].
Filing the Lawsuit (1-2 months): Filing a formal complaint in court [2].
Discovery Phase (3-9 months or more): Exchanging evidence and taking depositions [2].
Settlement Negotiations (Ongoing): Negotiating with the insurance companies or responsible parties [2].
Trial (If Necessary) (1-2 weeks to several months): Presenting the case in court [2].

Don’t Delay Seeking Legal Help

If you’ve been injured in a construction accident, don’t wait to seek legal help. Contacting a construction accident lawyer as soon as possible can protect your rights, preserve evidence, and maximize your chances of recovering the compensation you deserve [9]. With the help of an experienced attorney, you can navigate the complexities of the legal process and focus on your recovery.