Many types of accidents can happen on construction sites. For instance, workers may be injured because of slip and fall accidents, machinery accidents, electrocutions, and strikes from falling objects. Thankfully, injured parties may be entitled to financial compensation after such accidents.
The path to payment can be complicated in the wake of a construction accident. There may be multiple options for pursuing financial compensation. Accordingly, support and guidance from our experienced attorneys can be highly beneficial when determining the proper course of action in your case.
If you were hurt as the result of a construction accident in Evansville, IN, get help from our experienced construction accident lawyers by calling Wruck Paupore at (219) 322-1166 to discuss your potential case for free.
Construction accident lawsuits may only be brought to court under certain circumstances. Typically, these types of cases are only filed when workers are injured as the result of third-party negligence. For instance, if you were hurt because you handled a piece of faulty equipment, then you may be able to sue the defective product’s manufacturer. Furthermore, if you were injured because a property owner failed to tend to a dangerous hazard on your construction site, then you may be able to file a lawsuit seeking payment for your injuries.
Meanwhile, if you were hurt because of negligence exhibited by your employer or one of your coworkers, then you may have to explore other options for pursuing monetary damages. While reviewing your case, our construction accident attorneys can evaluate the strength of your potential claim.
To recover damages in a construction accident case, you must gather and present evidence proving you were hurt because of the defendant’s negligence. The following are all examples of evidence that may be used in your case:
Witness testimony can be very helpful when proving fault for a construction accident. Witnesses can provide both oral and written statements that explain how an accident happened. For example, a witness statement may establish that a plaintiff slipped and fell because of debris on the floor of their workspace. Further, witness testimony may explain that a worker fell because they were equipped with defective safety equipment.
In any case, you should try to retrieve contact information for potential witnesses to your construction accident if you can.
Physical evidence can also be used to establish fault for your accident. For instance, a malfunctioning tool may be brought into court to explain how it contributed to an accident. Further, an inspection record may be presented to prove that a piece of equipment was not properly kept.
Physical evidence can also be used to disprove a defendant’s alternative theory of fault. For example, a defendant may assert that a plaintiff’s slip and fall accident happened because they wore boots with worn tread. In that case, the boots the victim wore when their accident occurred could be brought into court to discredit the defendant’s argument. After reviewing your case, our legal team can begin searching for any physical evidence that may be used to support your claim.
Similarly, photos from the scene of your construction accident may be used to identify contributing factors. For instance, photos of a dangerous worksite may be used to demonstrate how or why a particular accident happened. You should always attempt to take photos at the scene of your accident if you can.
Surveillance recordings are another type of evidence that can be used to prove fault for construction accidents. In some cases, private security cameras capture the events that unfolded before, during, and after plaintiffs’ accidents.
You should begin searching for relevant surveillance footage quickly after your accident. Parties in control of these recordings may not store them for long. Also, they may be reluctant to cooperate with plaintiffs. Fortunately, our team can help track down and recover useful surveillance recordings in your case.
Furthermore, your recollection of your construction accident may be useful when establishing fault. It is sometimes difficult to predict which details surrounding your accident may become important during the later stages of your claim. Additionally, recalling certain aspects of your accident can be difficult as time passes.
Therefore, you should attempt to record a personal recollection of your accident while your memory is fresh. The information you record may be crucial to the success of your claim.
Finally, expert witness testimony is regularly used to establish fault for construction accidents. Witnesses are considered experts if they have the requisite training, education, and experience in their respective fields. They are usually summoned to explain complicated theories of fault. For instance, an engineering expert may be called on after a crane accident caused by a defective hoist to demonstrate how the part malfunctioned. Thankfully, the lawyers at our firm can help locate the right experts to support your case.
If you share responsibility for your construction accident in Indiana, then you may still obtain financial compensation for the damages you incurred. However, the amount of payment available in your potential case can be limited.
Indiana courts abide by comparative fault rules when assigning damages in construction accident cases. Therefore, compensation is awarded based on each party’s percentage of fault. For example, if you are 25% to blame for your accident while the defendant is 75% liable, they will have to pay for 75% of the damages related to your accident while you must account for the leftover 25%.
It is important to note that if your share of fault exceeds 50%, you will be unable to recover payment in a construction accident claim.
Seek support from our construction accident attorneys by calling Wruck Paupore today at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
© 2024
Terms of Service | Privacy Policy | Resources | Blog | Sitemap
© 2022 Wruck Paupore PC
Terms of Service | Privacy Policy