Damages In Construction Accidents

Damages in a construction accident lawsuit will vary depending on the facts of each case. In general, the successful plaintiff in a personal injury lawsuit can receive compensation for his or her past and future medical expenses, lost wages, and pain and suffering, among other things. Medical expenses related to severe personal injuries can be significant and thus it is critical that the victim of a construction site accident recover as much as possible in any subsequent lawsuit. If a person is killed in a construction site accident, the family members of the deceased can file a wrongful death action against the parties responsible for their loved one's death.

Some construction site injuries will be covered by workers' compensation insurance. However, coverage under such policies is often not enough to make the victim whole and the system itself has many flaws. For example, many employers resist submitting claims to their insurers for fear that their premiums will increase or their policies will be canceled. Other employers will carry the bare minimum of workers' compensation coverage or neglect to get coverage at all. If a claim is actually made, insurance carriers will frequently resist payment or deny the claim altogether.

This puts workers, especially those who are undocumented, and their families at great risk financially and medically. It is important to note that while workers' compensation laws may limit the ability to recover damages from an employer, injured workers still have the right to file a civil lawsuit against other potentially responsible parties. If a non-worker is injured at a construction site, workers' compensation insurance will not apply and a claim may be pursued against any responsible party.

It is very important to understand that lawsuits related to construction site injuries and accidents will be subject to various statutes of limitation. These laws limit the amount of time you have to file a lawsuit. If the lawsuit is not filed within the time set by law, the claim will be barred forever and the victim will not be able to recover any damages.

The best way to protect your rights and the value of your claim is to contact the Brady Law Group and speak with one of our experienced California trial attorneys as soon as possible after a construction site accident.