A Milford construction accident lawyer can be a valuable resource in pursuing claims for compensation after sustaining an injury at a construction site. These accidents can involve many different parties and causes, making the process of obtaining compensation complex. However, our trusted personal injury attorneys can leverage their experience in these cases to inform you of the damages that might be available based on your circumstances and the appropriate channels for financial recovery.
What Are the Causes of a Construction Accident?
Construction accidents can be dangerous places with many factors and conditions that create a risk of injury to others. Some of these hazards include:
- Improper training
- A lack of safety equipment and protective gear
- Disobeying standard construction zone procedures
- Manufacturer defects in equipment or materials
- Exposed electrical wiring
- Improperly stored chemicals
- Poor lighting
- Exposed and unguarded openings
- Lack of protection from falling objects
- Tripping hazards from debris and construction materials
The cause of injury in a construction zone is important because it can determine who is liable for the damages. A Milford construction accident attorney can review the details of an event and gather evidence to determine the cause and who should be held legally responsible.
Workers’ Compensation Vs. Personal Injury Claims
The options for pursuing damages from a construction site injury are either a workers’ compensation claim or a personal injury lawsuit. If the injured person is an employee of a construction company or developer, then a workers’ compensation claim will likely be the source for obtaining benefits. These claims are available for Delaware employees who injure themselves while acting within the scope of their employment and can provide compensation for medical treatment and lost earnings through temporary or permanent disability payment.
However, many individuals at a construction zone are not employees but are instead independent contractors and business owners who lack access to the benefits of workers’ compensation. A personal injury lawsuit may be an option in these cases if the cause of injury arose from another party’s negligent, willful, or intentional misconduct. After reviewing the relevant information, a Milford attorney can help a construction worker determine their best course of action for moving forward.
Who Can Be Liable for a Construction Accident Injury?
Several different parties can be liable for a construction accident injury with the help of a Milford attorney. The liability of a party under a particular legal claim will depend on a couple of factors. The first is their relationship to the injured person. The second is their connection to the cause of the injury. For example, this could be the property owner for failing to keep the premises in a safe condition by not implementing routine inspections or following other best practices for construction sites.
Product liability could also exist for a company responsible for a defective piece of equipment or machinery that causes injury at a job site. More generally, another construction worker (or their employer) may be liable if their misconduct breaches their duty of care and causes injury.
Damages Available in a Construction Accident Lawsuit
A construction accident lawsuit can provide compensation for the losses associated with an injury. The compensation available in such cases is broadly categorized into economic and noneconomic damages, each addressing different aspects of the injury’s impact on an injured person’s life.
Economic Damages
Economic damages are designed to compensate for tangible, quantifiable financial losses resulting from your injury. These include medical expenses, lost wages, lost earning capacity, and property damage.
Non-Economic Damages
Noneconomic damages address the more subjective, intangible aspects of an accident that are not easily measured in financial terms. These include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
Deadline to File a Claim
Delaware has a general two-year deadline under Code Section 8119 to file a claim for personal injury. A similar two-year filing period applies for Delaware workers’ compensation claims. If you recently sustained an injury while at a construction site, now may be the time to consider available legal claims for compensation. Our Milford construction accident attorneys can help you identify any parties at fault for your injury and begin the process of seeking compensation through court, insurance providers, or a settlement agreement.
Trust in a Milford Construction Accident Attorney
Navigating the aftermath of a construction accident can be daunting, especially when it comes to seeking the compensation you deserve. Whether your case involves workers’ compensation or a personal injury lawsuit, our Milford construction accident lawyers will meticulously analyze the circumstances of your accident to identify all potential sources of liability and compensation. Our goal is to provide you with the support and representation needed to secure a favorable outcome and help you move forward with your life. Schedule a consultation with Doroshow, Pasquale, Krawitz, & Bhaya today.