How Long Does a Construction Accident Lawsuit Take to Settle?

Construction Accident Lawsuit

Depending on the severity of your injury, you can typically obtain a settlement after filing a construction accident claim within two years. Even so, it could take  more time if you sustain a severe injury and opt to go to trial. In most cases, the amount of time it takes depends on the complexity of your injury.

Understanding how long it takes to obtain a settlement in a construction accident case helps victims make proper plans. A construction accident lawsuit can help you get the fair settlement you need to move on with your life.

More importantly, consider working with a trusted construction accident attorney who can provide legal support and guide you through the process.

Who Can Be Liable For Damages In A Construction Site Injury Lawsuit?

Construction accidents involve many aspects and parties, possibly contributing to mishaps and accidents. The details of a construction accident can provide direction on a potential entity responsible for the losses.

Construction accidents usually involve numerous parties, including property owners, project managers, engineers, architects, and construction workers. The complex nature of construction accidents makes it difficult to identify the liable party.

However, collecting evidence, documentation of the accident, and talking to witnesses can reveal the liable party.

Here are some of the parties likely to be liable for a construction site accident:

General Contractors

In addition to completing the project requirements, a contractor is responsible for keeping the worksite safe for the general public, workers, and visitors. General contractors are also responsible for the actions of their employees and subcontractors.

A contractor could be liable for an accident if they:

• Hire a subcontractor with previous safety violations
• Employ workers who lack adequate training
• Fail to perform background checks on their employees or contractors

If the cause of a construction site accident is similar to a previous subcontractor violation, the general contractor may be liable for injury-related losses. The general contractor must also ensure workers and subcontractors follow safety regulations and rules.

Property Owner

The property owner has similar responsibilities to protect the public, workers, and visitors from construction hazards. If a property owner is aware of trip hazards and does nothing to fix them, they may be liable for slip and fall accidents on the site.

Construction Equipment Manufacturers and Vendors

Construction involves various equipment and machinery, including graders, power tools, excavators, and tower cranes. Workers rely on these to perform their roles correctly and safely.

However, manufacturer defects hinder proper functionality, often leading to construction site injuries. If you sustain an injury from a manufacturer defect, the company that made or sold it could be liable for the losses.

Engineers

An engineer ensures the project adheres to safety codes and protocols. During the project’s implementation, an engineer must conduct a thorough risk assessment, design safety plans, and ensure the construction work complies with industry and regulatory requirements.

The engineer could be liable for the losses if someone sustains an injury because of a faulty building design.

Determining Fault In A Construction Site Accident Lawsuit

Personal injury laws allow injured victims to obtain compensation from the at-fault party. Even so, the injured victim must demonstrate the negligent actions of the liable party.

A construction accident attorney can provide the legal knowledge and skills to investigate, compile evidence, and hold the liable party accountable for their actions.

Some of the evidence required to prove a construction site accident include:

• Witness Statements
• Incident reports and documentation
• Images of the accident scene
• Photographs of the physical injuries
• Expert opinions and reports
• Records of past safety violations
• Medical records

Gather the available information after the accident because most sources of evidence disappear days after the incident. Fresh evidence also enhances your chances of obtaining a fair settlement value for your losses.

What Should I Do If I’m Injured In A Construction Accident?

A construction site accident can result in severe injuries such as neck injuries or broken bones. Recovering from injuries requires hefty medical bills and often results in lost productivity. As such, an injured victim should take the proper steps after an injury to protect their right to compensation.

You should take the following steps immediately after a construction site accident:

• Get Medical Care: Prioritize getting quality treatment from a qualified healthcare provider. Although some injuries are not immediately apparent after an accident, a comprehensive health analysis can reveal hidden issues. A health provider will also generate medical records, which you can rely on to file an insurance claim or lawsuit.
• Notify Your Employer: Although your supervisor may know about the incident, file an official complaint with your employer. An incident report creates a record of the construction accident. Prompt reporting also preserves your right to compensation.
• Gather Evidence: While your top priority after an accident is to obtain treatment, you should take a few steps to preserve the evidence. Consider taking photos of the accident site and noting witnesses’ names and contact details at the scene. Preserve evidence of what might have caused the accident, including damaged safety equipment, defective power tools, or poorly erected scaffolding.
• Speak to an Attorney: Recovering damages from a construction site accident may involve filing a lawsuit against the at-fault party. Therefore, it is advisable to contact an attorney immediately after the incident. An attorney will communicate with the at-fault party’s insurer and negotiate for a fair settlement covering your injury-related losses.

What Are the Legal Claims in Construction Accident Lawsuits?

Here are some of the claims you can initiate in a construction accident lawsuit:

• Negligence: A general contractor has a duty of care to provide a safe environment for workers and the public. An employee can initiate a negligence claim as an employee after sustaining a fall injury because an employer failed to provide safety harnesses and lines.
• Premises Liability: You can initiate a premises liability lawsuit against a property owner who failed to maintain a safe working environment for workers and visitors. Construction accidents in a property due to negligence or hazardous conditions can result in premises liability claims.
• Product Liability: You can initiate a product liability claim against a manufacturer or equipment dealer whose defect caused the construction accident. Suppose an excavator experienced service brake failure because of a faulty design. In that case, the injured victim can file a product liability lawsuit against the manufacturer.
• Vicarious Liability: You can initiate a vicarious liability claim against the employer of a construction worker whose negligence caused the construction site accident.

Potential Damages

You can file an insurance claim or lawsuit to recover injury-related losses with the help of a construction accident attorney.

Here are some of the damages you can pursue:

• Lost wages
• Medical expenses
• Out-of-pocket expenses
• Loss of consortium
• Loss of enjoyment of life
• Pain and suffering
• Emotional anguish
• Permanent impairment or disability

Factors That Might Slow Down Your Construction Accident Lawsuit

A personal injury lawsuit goes through a series of steps, including finding an attorney, conducting investigations, filing a notice of claim, discovery process, negotiations, trial, and reaching a verdict.

While the above are normal processes of a lawsuit, there are distinct factors that can influence how long it takes to complete a construction accident lawsuit.

Here are the factors that may affect your construction accident lawsuit:

The Extent of Your Injuries

Many construction accidents cause severe injuries such as spinal cord injury or traumatic brain injuries that require a lengthy treatment plan. In such a case, a construction accident attorney may advise you to wait until you obtain maximum medical improvement before proceeding to trial.

Maximum medical improvement occurs when a patient recovers as much as possible. An attorney may request a delay of your lawsuit if you need more time to recover or respond to treatment.

The Defendant’s Willingness to Settle

If the at-fault party has refused to accept liability, you’re likely to endure a lengthy battle in court. There are numerous opportunities that an attorney can use to settle with a willing at-fault party.

If the at-fault party believes they can win the case, they’ll hire an attorney to defend them in court, possibly leading to a lengthy lawsuit.

Amount of Damages Involved

If you’re seeking significant damages, your construction accident lawsuit could take longer to settle. Usually, the liable party will spend more time negotiating for a lower settlement value, leading to delays.

If you’re dealing with a construction company, they may hire a highly experienced attorney who may frustrate your efforts in court, leading to delays.

The Number of Parties Involved

Things may get complicated if multiple parties are involved. Where multiple parties are involved, there might be multiple insurance claims and companies to contend with. Since different insurers are at play, delays may occur as they try to shift blame.

Get Legal Help From an Experienced Construction Accident Attorney

If you’ve sustained a severe injury, you deserve financial compensation for injury-related losses such as medical expenses and lost income. Unfortunately, a lengthy lawsuit may delay your efforts to recover from the injury.

You,  therefore, deserve representation from an experienced attorney like The Barnes Firm, who can keep your construction accident lawsuit on track. Contact us online or at (800) 800-0000 for a free case evaluation.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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