Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Construction sites are notorious for their potential hazards and dangers. Whether you work in the construction industry or just happened to be passing by, accidents can happen at any time.
Dealing with the aftermath of a construction accident can be costly and difficult, but there is often legal and financial relief available for victims. That’s where our San Jose construction accident lawyers from The Barnes Firm can be of great assistance.
After a construction accident in San Jose, you may be wondering if hiring a lawyer is necessary. While it’s true that not every accident requires legal representation, construction accidents can often be complicated matters. Having an experienced construction accident lawyer from the start can greatly increase your chances of receiving the compensation you deserve.
Construction accident cases can be complex, involving multiple parties, extensive documentation, and legal procedures. Our skilled lawyers from The Barnes Firm have experience handling all types of construction accident cases.
Construction sites are full of potential hazards that can lead to accidents and injuries. Some of the most common types of construction incidents in San Jose include:
These are only some examples of construction accidents our firm handles. Construction accidents can happen to anyone at any time.
Construction accidents can cause many injuries, often resulting in long-term physical, emotional, and financial consequences. Some common injuries from construction incidents include:
Understanding the common causes of construction accidents can help prevent them from happening in the first place. It can also help identify your rights following an injury, as the cause can determine whether you can file a third-party claim.
Some of the common causes of construction incidents in San Jose include:
Insufficient training and inadequate safety protocols can contribute to accidents. When companies fail to properly train or supervise workers, they are more likely to make mistakes that result in injuries to others.Defective Equipment
Construction sites require the use of heavy machinery, tools, safety equipment, and much more. When equipment or vehicles are faulty, improperly maintained, or not used correctly, accidents can occur more easily.
Hazardous working conditions, such as poorly constructed scaffolding, inadequate lighting, or cluttered work areas, increase the risk of accidents and injuries.
Some construction accidents happen due to negligence, which can lead to a third-party injury claim. Our San Jose construction accident lawyers from The Barnes Firm can determine who should be liable for your injuries.
If you’ve been injured in a construction accident in San Jose, it’s essential to take immediate action to protect your rights and strengthen your case. Here are three important steps to take after a construction injury:
Filing construction accident claims in San Jose involves several steps, but do not worry; we will handle all of these for you. Here’s a general outline of the process:
Investigation and Documentation: Your lawyer will thoroughly investigate the incident, gathering evidence, interviewing witnesses, and reviewing relevant documentation. This information will provide a solid foundation for your claim.
Building Your Case: Your lawyer will work closely with you to build a strong case by gathering medical records, documenting your injuries and losses, and calculating the damages you are entitled to.
Negotiations and Settlement: Your lawyer will engage in negotiations with the responsible parties or their insurance companies to seek a fair settlement. They will advocate for your best interests and ensure that your rights are protected.
Litigation, if Necessary: If a fair settlement cannot be reached through negotiations, your lawyer will be prepared to take your case to court. They will fight for your rights in front of a judge and jury to secure the compensation you deserve.
“I have experienced first hand how devastating a serious injury can be for individuals and their families. When I was a teenager, I was a passenger in a catastrophic automobile accident that forever changed my life. Despite the years of rehabilitation and the permanent scarring, my most painful memory wasn’t physical; it was of the strain that the financial uncertainty placed on my family. I’ll never forget the concerned look on my parents’ faces as they sifted through the mountain of unpaid medical bills.”
The compensation you may be entitled to following a construction accident will depend on various factors, including the nature and severity of your injuries and your financial losses. We often seek compensation for:
Our construction accident attorneys will account for all your past and future losses.
At The Barnes Firm, we understand the financial burden that can accompany a construction accident. That’s why we work on a contingency fee basis, which means you don’t pay unless we win your case. Our fees are a percentage of the compensation we secure for you, ensuring that you can focus on your recovery without additional financial stress.
With over 500 combined years of experience, our team of construction accident lawyers has recovered over $2.5 billion for our clients in various personal injury cases, including construction accidents. We are committed to fighting for your rights and obtaining the compensation you deserve.
If you or a loved one has been injured in a construction accident in San Jose, don’t navigate the complex legal process alone. Contact The Barnes Firm today for a free consultation. Our experienced San Jose construction accident lawyers will listen to your story, evaluate your case, and provide guidance on the best course of action. We are here to fight for you and help you get the justice and compensation you deserve.
Call us now at (800) 800-0000 or contact us online to schedule your free consultation.
A: The time limit for filing a construction accident claim, known as the statute of limitations, is two years if you have a third-party personal injury claim. Always consult with our construction accident lawyers as soon as possible to ensure that you don’t miss any crucial deadlines.
A: California follows a comparative negligence system, which means that even if you were partially at fault for the accident, you may still be eligible to recover compensation. However, your damages may be reduced based on the percentage of fault assigned to you.
A: If a subcontractor’s negligence contributed to the construction accident, you may have grounds for a claim against them. Your construction accident lawyer will thoroughly investigate the incident to determine liability and identify all potentially responsible parties.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
Free Case Evaluation or call us: (800) 800-0000Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Depending on how the accident occurred, you may be able to file a personal injury claim in addition to a workers’ compensation claim. Your personal injury claim will be based on New York’s Labor Law. This allows you to pursue a personal injury claim against certain entities that are affiliated with the job site for the failure to provide you with safety devices to perform your work or the failure to provide you with a safe place to work. Your personal injury claim will consist of past and future pain and suffering related to the injuries you have sustained at the job site and all the medical treatment you needed for these injuries. You are also making a claim for past and future lost wages, which includes any money that you did not receive that you believe you were entitled to, as well as your annuity, pension, and other parts of your benefits package.
It is important to note, you only have three years to file a personal injury claim. You can have both a workers’ compensation claim, and a personal injury claim at the same time.
Worker’s compensation is insurance that provides medical and wage benefits to employees who have been injured on the job. These claims provide:
In order to file a workers’ compensation claim, you must:
Employers may try to discourage employees from filing a worker’s compensation claim. It is illegal for an employer to tell an employee not to file a worker’s compensation claim and an employer cannot retaliate against, or fire, employees for filing a workers’ compensation claim.
The first thing you should do if you or one of your crew members are injured at a job site is notify your employer about the accident. You must notify your employer verbally or with written notice within 30 days of the accident occurring if you intend to pursue a workers’ compensation claim. When you provide this notice, your employer should give you an accident report to fill out. This report is an important piece of evidence. There should be no guesswork or opinions in an accident report. It should be your account of how the accident happened, not why you believe it happened. Only sign an accident report after you have read through it and made any necessary changes. Then, take a picture of every page of the report to have a record of your statements.
Regardless of the extent of your injuries, you should always fill out an accident report. It can sometimes take days or weeks for pain and injuries to appear and filling out an accident report preserves your right, at a minimum, to make a workers’ compensation claim.
Yes, you should always seek medical treatment no matter how minor you believe your injury to be. Do not ignore your injuries and hope it will get better or go away on its own. Ignoring your injury can lead to the injury getting worse and delay the recovery process. After an accident, it is always in your best interest to visit a hospital, urgent care center, or your primary care doctor to get a full assessment of your injuries and a treatment plan.
Even without evidence, you can still file certain claims, but any evidence you can gather is always helpful. If you can, the following pieces of evidence can help support your claims:
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