Construction injuries are common products of building and renovation projects. If you were hurt at or near a site, you might wonder how the claims process is likely to work. Here are four things potential plaintiffs should know about how their cases will probably look.
Eliminating Other Possible Types of Claims
Foremost, a construction injury attorney will want to determine that the case isn't some other type. An employee of the at-fault entity, for example, would probably end up with a workers' compensation claim.
Conversely, most other folks would have injury cases. These possible claimants include passersby, third-party contractors, utility workers, and people touring the site. For example, an investor who was hurt while checking up on the project would likely want to speak with a construction injury attorney.
Documenting the Incident and Your Injuries
This part of the process looks like virtually any other type of injury claim. Your construction injury attorney will want to look at what sorts of safety measures were present at the site. Likewise, they'll want to know who was responsible for keeping folks safe and why something happened. Also, they'll speak with witnesses, first responders, and anyone else who might provide information about the incident.
Similarly, a construction injury attorney will want to see what a client's injuries are. This may take some time, especially if testing or exploratory surgery is prevented by something like swelling around the spine, for example. Your lawyer may need to wait for reports from doctors.
Also, a construction injury attorney prefers to see how far a client's recovery is going to progress. This ensures that the claim covers all projected long-term expenses, reducing the risk that the client will end up short of what they need to deal with their medical issues and loss of income.
Identifying a Defendant
Given the mixture of parties and contracts at some construction locations, it can be a challenge to identify who the defendant should be. Your construction injury attorney may have to review the assignment of liability from several contracts to determine who should pay.
Submitting a Claim
If the defendant has an insurance provider, the lawyer will send the claim to the insurer. Some companies are self-insured, and there are also underinsured or uninsured businesses. In those scenarios, the attorney will send the claim directly to the defendant.
The claim is presented as a demand package that outlines why you deserve compensation and how much you expect. Defendants can then reject the claim, negotiate, or settle.Share