Construction Accidents FAQ

DO I NEED TO RETAIN AN ATTORNEY IN A CONSTRUCTION ACCIDENT CASE?

Yes. Even if you believe that you were partly responsible for your injuries or that your employer was solely responsible, it is generally wise to consult with an attorney who handles construction accident cases to determine if there is a potential case against someone other than your employer. The law in construction accident cases is extraordinarily complex, and you need an attorney who knows their way around construction accident litigation.

WILL MY CONSTRUCTION ACCIDENT CASE SETTLE OUT OF COURT?

Probably. Ninety to ninety-five percent of construction accident cases do settle sometime before trial. There are complex issues, and workers’ compensation liens make these cases difficult to resolve without intensive litigation.

HOW IMPORTANT IS IT FOR MY ATTORNEY TO RETAIN HIGHLY QUALIFIED EXPERTS IN CONSTRUCTION CASES?

It is almost always necessary for a plaintiff’s attorney to retain construction practice experts and safety experts. There will be many insurance coverage issues, contract issues, and issues of relative liability between the various trades that require the retention of a sophisticated expert to explain to a jury the relative responsibilities of the parties. Further, a construction safety expert will point to the negligent way in which the construction project was conceived and monitored.

CAN I FILE A LAWSUIT AGAINST PERSONS OR ENTITIES THAT CAUSED MY INJURY EVEN IF I AM COLLECTING WORKERS’ COMPENSATION BENEFITS?

Yes. Suppose you can establish that somebody other than your employer at the job site acted negligently and contributed to your injuries. In that case, you can still bring a lawsuit even though you are collecting workers’ compensation benefits. Your workers’ compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.