Fort Wayne Construction Accident Lawyer

Construction workers know that their jobs come with inherent elements of danger. While skilled workers take precautions against accidents, they sometimes happen anyway. After a construction accident, you might need legal help to get compensation.

Legal action for construction accidents is often trickier than ordinary personal injury lawsuits for various reasons. Not only is the job inherently dangerous, but the relationship between independent contractors and their clients is not a standard employer-employee relationship. However, because injuries are often quite severe, construction accident cases tend to be worth a considerable amount of money.

After a construction accident, you may be recovering from serious injuries while struggling to pay your bills. Our Fort Wayne construction accident attorneys can represent you in a lawsuit for damages and compensation. Call Wruck Paupore at (219) 322-1166 and inquire about a free initial case evaluation.

Who Is Liable for a Construction Accident in Fort Wayne?

As with any personal injury lawsuit, determining who the defendant should be in a construction accident case is not easy. Sometimes, the people we think are responsible are not legally liable for the accident. Other times, the people you trusted to keep you safe acted negligently and are to blame for your injuries. Our Fort Wayne construction accident lawyers can help you determine the most appropriate defendant in your case.

In an on-the-job accident, we often think of our employers first when considering who is responsible. However, depending on your professional relationship with your employer, suing them might not be possible.

An employee is barred from suing their employer for an accident. Filing through the workers’ compensation system is mandatory, and lawsuits against employers are not possible. However, many construction workers are legally not considered employees. Instead, they are independent contractors. The difference is that their “employer” is actually a client. Additionally, independent contractors exercise greater control over their job than employees. For example, an independent contractor might choose when they work, where they work, and how they are paid.

Since the workers’ compensation system does not bind independent contractors, they may sue a client who caused their accident. They can also sue any third parties who were responsible for the accident. Talk to our Fort Wayne construction accident lawyers about who is liable for your accident.

Suing Third Parties for a Construction Accident in Fort Wayne

As mentioned before, third parties who are not hired by your employer to work on the construction site could share blame for your accident. One common example of a third-party defendant is a manufacturer of power tools and construction equipment.

Construction workers rely on their tools and equipment to do their jobs safely. Sometimes, accidents occur because a particular tool is not in working order. In some cases, the equipment was defective when the construction worker received it. This defect might be caused by damage to the equipment or a design flaw. In any case, the manufacturer can be held liable for malfunctioning equipment that caused an accident.

Other third parties who could be liable might include people passing by or through the site. For example, many construction sites sit alongside roads and highways. An inattentive or intoxicated driver could end up plowing through a construction site, injuring the people working there. Alternatively, a trespasser might sneak into the construction site and tamper with or damage tools and equipment, leading to an accident. These people can be held liable in a personal injury lawsuit. Our Fort Wayne construction accident attorneys can help you seek compensation.

Evidence Needed for a Fort Wayne Construction Accident Case

The specific evidence needed for a construction accident case often varies from person to person. Not all evidence will be the same in every case because no two accidents are identical. However, some key pieces of evidence should be investigated in any case. If you are struggling to uncover supporting evidence, our Fort Wayne construction accident lawyers can help you build your case around the evidence you do have.

After an accident, it is important to try to record any information you can, particularly photos or videos. You might be whisked away to receive medical care, and someone on the job site might come and clear the accident scene before you get back. This might be done as a safety precaution to prevent anyone else from getting hurt. It might also be a sinister attempt at covering up evidence of negligence. Snapping some pictures with your phone could make a world of difference in your case.

People rarely work on construction sites alone, and someone probably saw your accident unfold. It is critical that we speak with coworkers and ask them what they remember. People sometimes think they have no real important information only to find that their testimony is crucial to proving fault.

We also need evidence of your injuries. This is why it is important to seek medical attention right away. The sooner you see a doctor, the sooner you can start compiling a record of your injuries and medical treatment. Not only can this information prove the extent of your injuries, but it can be used to help calculate damages. Speak with our Fort Wayne construction accident attorneys about what kind of evidence you need for your accident case.

Settlements for Construction Accidents in Fort Wayne

Not all construction accidents will go through a full trial with a judge and jury. Most civil lawsuits are instead resolved with out-of-court settlements. A settlement agreement is a bargain struck between the plaintiff and the defendant. The defendant typically agrees to pay the plaintiff for some of their damages, and the plaintiff drops the case.

How much money is paid in the settlement is up for negotiation. Of course, we want all your damages satisfied, but settlements might not compensate plaintiffs for their total damages. Instead, we a number that both the plaintiff and defendant find acceptable is worked out.

However, settlements are not always guaranteed even when both parties are willing to cooperate. If negotiations break down, we must prepare for a trial. It is also worth noting that settlement negotiations should not be entered into lightly. Once you accept a settlement, that is it. There can never be a trial on this particular matter. Our Fort Wayne construction accident lawyers can help you negotiate the best settlement possible if that is the route you wish to take.

Call Our Fort Wayne Construction Accident Attorneys

As an injured construction worker, you deserve to have your expenses taken care of by those responsible for your accident. Our Fort Wayne construction accident lawyers can help ease your burden and fight for justice. Call Wruck Paupore at (219) 322-1166 for a free case review to get started.