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Construction sites are hazardous places, even when everyone follows safety protocols. But if you’ve been seriously hurt due to someone else’s carelessness on or around a construction site, you owe it to yourself to find out if you deserve compensation.
If you’re reading this, you’ve probably been seriously injured on or around a construction site. You’ve probably missed work and might be in a lot of pain. You may be stressed about money because you’ve lost income. You want to find someone to give you answers about a claim, but you’re worried about the cost.
We are here to help you with free legal advice. Call our Huntsville construction accident attorney as soon as possible.
Don’t hold off because you think you’re going to be asked for money up front to get your questions answered. Call as soon as you can and schedule a free legal consultation.
Construction Accidents Go Beyond Construction Workers
There are many ways a construction worker can be injured on a site, such as through burns, falls, faulty equipment injuries, repetitive motion injuries, and injuries caused by vehicles. But construction site hazards can also cause injury to non-workers who live and travel near the site.
If you’re not a construction worker, you don’t have the option of filing a workers’ compensation claim. This means you need to file a construction accident claim to collect compensation for your damages. A pedestrian walking past a construction site, a driver passing through a construction zone, and a child who wanders onto a construction site are examples of non-construction workers who might qualify for a construction accident claim.
Claims for Construction Workers
If you are a construction worker injured while doing your job, you may have the option to file a straight workers’ compensation claim. This is often the fastest and easiest solution because it doesn’t require the employee to prove the employer was responsible for their injury.
The less fabulous aspect of taking the workers’ comp route is that you lose your right to file a personal injury lawsuit via a construction accident claim. This means you won’t be eligible for non-economic damages, such as mental anguish, pain and suffering, loss of quality of life, things like that.
The catch here is that as a construction worker, you may not have a choice as to whether you can choose an accident claim instead of workers’ comp. To qualify for the option of a construction accident claim, you must meet specific requirements:
- Your employer had insufficient workers’ compensation
- Your workers’ comp claim was denied
- You weren’t given the option of workers’ compensation
- Your employer behaved with negligence
- You were injured as the result of your boss’s intentional misconduct
- You were hurt by a careless third party, like a general contractor or another subcontractor on the site
When an Injury Is Caused by a Defective Product or Faulty Equipment
You may qualify to file a construction accident claim if your injury was caused by faulty equipment or a defective product. Eligibility for a product liability claim, however, requires causation. This means making the following connections:
- The product in use was defective
- The defect caused the accident
- The accident caused your injuries
- You suffered damages because of those injuries
The specific requirements for construction accident claims—including those involving product liability—make success with such claims challenging. An experienced Huntsville construction accident attorney handling your claim can help you be successful in winning your claim.
If you are unsure whether you are eligible for a construction accident claim instead of a workers’ comp claim, reach out to our Huntsville construction accident attorney to schedule your free legal consultation.
If you must connect causation to your damages to win a product liability claim, call us and learn more in a free consultation.
Wrongful Death Caused by a Construction Accident
If you have lost a loved one to a construction accident, protect your right to pursue compensation for non-economic damages through a wrongful death claim.
The devastation of losing a person you love goes beyond whether you still have the means to pay the bills.
The financial losses, including things like lost income and medical, funeral, and burial costs fall into the realm of economic damages. The less objective losses are no less catastrophic, however. These non-economic damages include things like loss of companionship and loss of the guidance and emotional support of the person who died. These non-economic damages impact the spouse and children in different ways, according to the relationships that were lost.
If you’ve lost a loved one to a construction accident, contact our Huntsville construction accident attorney to find out your options for a wrongful death claim.
Is It Worth it to Hire an Huntsville Construction Accident Attorney?
There are many ways hiring a lawyer can help you to receive far higher compensation than you could hope for on your own. This largely comes down to your attorney’s ability to protect the value of your claim. When you have a lawyer, the insurance company isn’t likely to get away with awarding you less than you deserve.
Ways a Construction Accident Attorney Can Protect the Value of Your Claim:
- Lawyers experienced in construction accident claims know to conduct an effective accident investigation. This results in identifying the at-fault parties and connecting their actions to the damages you’ve suffered.
- The right construction accident lawyer can correctly determine the value of your claim, so you aren’t left guessing what your award might be.
- Your construction accident attorney will advocate on your behalf to protect your claim’s value from being unjustly dropped by the insurance company. With an understanding of how insurance companies save themselves money, your attorney will avoid the manipulations that often trip up the unwary accident victim.
- Retaining an attorney tells the insurance company they cannot drag out or deny your claim without explanation. With a lawyer protecting your rights, the insurance company is on notice that if they fail to offer a reasonable settlement, they will be sued.
- Having an attorney to guide you provides the reassurance of knowing which offers are too low to be worth your time. Any offer can be tough to walk away from when you don’t have a lawyer. With the right guidance, you’ll know when an offer is worth considering.
In addition to the benefits listed above, hiring the right lawyer brings you the benefit of maximum time and minimum stress while you rest and heal. You are not at your best when seriously injured and likely in pain. This is not the time to figure out how to win a claim against big insurance. Huntsville construction accident attorney Jacob Maples, on the other hand, will be ready. His mission is to protect injured individuals from the insurance companies who would take advantage of them. Find out how he can help you.
Protecting Your Claim by Avoiding Common Mistakes
Please read through some of the best ways you can protect your claim’s value, especially even before you have an attorney.
Go to the Doctor as Soon as You Can
It may be difficult to imagine being injured in a construction accident and not seeking medical help, but it can happen due to a surge of the stress hormones adrenaline and cortisol. The result is a temporary jolt of energy and strength, while pain reception is hampered.
Don’t assume feeling better than expected after the accident means you’re uninjured. Get an exam to make sure.
In addition to protecting your health, the exam will protect your insurance claim. The quicker you get to a doctor, the stronger the proof will be that you were injured in the accident. If you don’t go to the doctor, the insurance company will try to use that fact to “prove” you were not injured. Don’t give them the opportunity to damage your claim. Get documentation of a doctor’s visit right away.
Don’t Dismiss Your Treatment Plan
Many people don’t realize their treatment plan holds the potential to help or harm their claim.
When you’re sent home from your medical treatment to continue recovering at home as an outpatient, your doctor will provide you with a listing of all the ways you can help in your own recovery. This is likely to include several approaches, such as medication, physical or occupational therapy sessions, and lots of rest. It is also likely to include instructions to restrict activities you should not do again until you’ve recovered.
If you fail to adhere to your treatment plan, the insurance company will likely drop the value of your claim, suggesting any problems you encounter in recovering are your own fault.
Take, for example, a person who has a traumatic brain injury. The doctor may have advised them not to play sports again until they get medical clearance. If an insurance investigator catches this person on surveillance going into a martial arts class, their claim is going to be at risk.
Don’t help the insurance company save money. Too many people become complacent about their treatment plan, doubtful that it matters either way. Even if you don’t think your treatment plan is advancing your recovery, know that it can protect or harm the value of your claim.
Skip the Recorded Interview with the Insurance Company
Not long after the accident, you can count on the insurance company calling and asking you to provide a recorded statement. This may seem perfectly reasonable and routine, but providing this statement can jeopardize your claim.
Make sure you do not speak with the insurance company without the guidance of your attorney. They are not looking out for you; they are attempting to take advantage of you to save money.
Insurance adjusters are well trained to ask the same questions in numerous ways to try and “catch” you in a lie or inconsistency. You may not even realize it’s happening. In fact, they’re counting on it. They know right after the accident you are at your most vulnerable.
Your attorney will recognize insurance company tactics and avoid falling prey to them. Delegating all communications to your Huntsville construction accident lawyer ensures a consistent “voice” providing any necessary information for your claim while protecting the claim’s value.
Don’t Put Off Hiring a Lawyer
There are plenty of people who put “find a lawyer” somewhere far down on their to-do list after a construction accident. Right after the accident, they are understandably preoccupied with pain and the logistics of recovery. The longer their recovery is likely to be, the more time they think they have to find out about a claim.
While it is important to make sure you make the filing date for your workers’ comp or accident claim, it’s just as important to get started as quickly as possible to be sure you’ve got all the evidence available to you. For one thing, you may still be trying to determine whether you should go with a workers’ comp claim or a construction accident claim. Either way, our Huntsville construction accident attorney can provide important guidance in a free legal consultation.
The longer you wait, the less time your attorney will have to build a case, and the more likely it is evidence and witnesses will disappear. The accident scene will get cleared away. Construction workers may move on to other sites, witnesses will forget details. The more time your attorney has to investigate and collect evidence to support your claim, the stronger that claim will be.
Hire the Right Attorney for Your Needs
Attorneys are not interchangeable. Just as you would need a doctor to have the skills necessary to perform a specific operation, you must find a lawyer experienced in construction accident claims to fight for your compensation for construction accident damages.
This includes making sure you hire a trial attorney. Though most claims are resolved at the negotiating table, some must go all the way to court to bring you the compensation you deserve. Being ready for either contingency gives you the most leverage.
Consider, for instance, that if you make the mistake of hiring a personal injury attorney, but they lack the qualification of being a trial lawyer. They may work for a settlement mill. This is a firm that plans on not going to trial. They make their profits through high volume, settling every claim. The insurance company knows the firm isn’t looking to end up in court. It’s a race to the bottom. The only way to ensure your claim settles for a lower offer than with a settlement mill is to handle it on your own without an attorney. Don’t turn your claim over to a settlement mill. Hire a lawyer with experience in construction accident claims who can win your claim at trial, if necessary.
Huntsville Construction Accident Client Story
Not so long ago, electrician Darren Martin sat in the shade on a Huntsville, Alabama construction site. Fielding rapid fire questions from his two best friends, it felt more like an interrogation than a lunch break—albeit a friendly one.
“Mango chutney?” Rob asked, giving Darren the side-eye. He pronounced it Choot-nee. “Sounds like a medical problem,” he decided, grabbing his leg.
“Ahhhhh! I got the mango chutney!” Rob cried as Charlie doubled over laughing. Darren rolled his eyes and smiled, tossing his empty sandwich wrapper in a nearby trash can.
Straightening, Charlie waved a dismissive hand. “I got this,” he said. He scrolled on his phone a moment, then cleared his throat loudly and continued in his best imperious college professor voice, “‘Chutney is a spicy condiment of Indian origin, made of fruits or vegetables. The mango variety is spiced with ginger, mustard seeds, garlic, and red pepper flakes.’
“Mmm-mmm. That sounds dee-licious,” Charlie added, dramatically pretending to gag.
“You must really like this girl,” said Rob, shaking his head. “What exactly are you going to eat this chutney on? Please tell me you’re going to eat it with something else. Like steak, maybe?”
“Yup, I’m grilling vegetable kababs with tofu.”
Darren ignored the peals of laughter from his buddies as he stood and put his hard hat back on. “Well, I’m back to it. One of us has to get something done today,” he said, smiling as he walked back toward the south entrance of the building where he was installing wiring. Charlie and Rob stood up as well, doing their best imitations of the “Queen’s wave” and a British accent.
“Tah-tah! ‘Ave a noice daiy!” they called, thoroughly pleased with themselves and slapping each other on the back.
Darren shook his head and laughed. They had no idea just how much he liked Kyra. She was The One. He thought about the ring he’d put a down payment on the day before. In a few months, he’d be presenting it to her on bended knee and his buddies could tease him all they wanted while they got fitted for tuxedos.
The work site was a loud storm of activity as power tools roared and nail guns fired. As Darren rounded the corner, a cry from above rang out as a 50lb bundle of three-tab asphalt shingles slid off the roof and knocked him to the ground.
Darren was taken to the hospital with a fractured cervical vertebra and bone chips in his neck. He was in a lot of pain and his arms and legs were tingling.
After undergoing surgery, Darren was placed in traction. The recovery time was estimated at a minimum of 12 weeks, but his physical therapy could take far longer. He would be in the hospital for at least four of them.
Kyra visited Darren daily. She was leaving for work two days after Darren’s surgery when Charlie and Rob arrived. They stepped aside and tried not to stare as she smiled and stepped past them.
Darren smiled at their stunned expressions. “You can pick your jaws off the floor now. You’re attracting flies,” he said carefully around his neck brace.
Rob did a double take before sitting down with Charlie right on his heels. “Boy, you been holding out on us. She is gorgeous, those big brown eyes and shiny black hair.”
“Any chance she has two sisters?” Charlie asked hopefully.
Darren tried not to laugh. “Man, it hurts when I laugh. Sorry, guys, she’s an ‘only,’ and I got the original.”
“You lucky dog,” said Rob, shaking his head. The guys visited for an hour. On their way out, Rob left Darren with the website of Huntsville construction accident attorney Jacob Maples.
“He helped my uncle out last fall with a claim for electrical burns on a job site,” said Rob. “You should think about giving him a call. The meeting was free.”
Kyra and Darren checked out the site the next day and agreed a free consultation couldn’t hurt.
How much does it cost to hire an attorney for my construction accident claim?
When Attorney Jacob Maples arrived a few days later, Kyra was present, taking notes and asking most of the questions to make it easier for Darren, as speaking with his neck brace on was taxing.
“Can you please tell us first what it would cost if Darren was to hire your firm?” Kyra asked.
“We work on a contingency-fee model. This means there is no up-front cost to you, Darren,” said Maples. “The firm fronts all expenses from the start of your case to the end. When we wrap up your claim, we only receive compensation if we resolve it successfully.”
“Really?” Darren and Kyra asked in unison.
“Really. And this a no-obligation, truly free consultation, so please ask me all your questions,” Maples replied.
What is the value of my construction accident claim?
“Okay,” said Kyra, “Darren would like to know what his claim may be worth.”
“This, of course, is key, because we must value the claim properly to bring you the right amount of compensation,” said Attorney Maples.
“The way we get this right is we don’t guess. A number pulled out of thin air not based on anything is not going to be something you can rely on. We base your case value on, first, the facts we gather in your accident investigation and, second, on your damages.
“We start the investigation right away by checking out the scene of the accident and speaking to witnesses. Getting the facts right helps us to know who the responsible parties are. It may be, for example, that in addition to the subcontracting roofing company, the general contractor failed to monitor and enforce safety procedures. So, we check for things like that.
“The investigation is necessary to establish causation,” Attorney Maples continued. “Causation means we show that the at-fault party caused the accident through their negligent behavior, and as a result, you were injured and suffered damages. The investigation must connect all the necessary dots.
“The second thing I mentioned—determining your damages—is going to take as long as it takes for you to reach what is called ‘maximum medical improvement,’” said Attorney Maples. “This is when your doctors determine you’re through with surgeries, and they know what the future is going to look like for you regarding this injury.
“We communicate closely with your doctors on this, and they will either tell us when you’ve recovered completely, or when you’ve recovered as much as you’re capable of,” Attorney Maples said. “When you reach this point, we’ll know what your damages are. Then, we’ll combine all the information we have and arrive at the value of your claim.
“Until that time, Darren, your only assignment is to focus on rest and healing. This is one of the greatest values in retaining a lawyer. We will not only arrive at an accurate claim value and fight to protect that value every step of the way, but you will be able to rest and recover, knowing your claim is being handled for you,” said Attorney Maples.
“You could say, I’m biased,” Attorney Maples added, “but I believe in the value of hiring an attorney, even if you go with another firm. You are so much more likely to receive the compensation you deserve when you’ve got the right professional help.”
How long will my claim take?
Kyra scribbled notes before looking up, then asked, “How long does a claim take?”
“The timeline of the claim is going to depend on a couple of factors,” Attorney Maples said. “The first is how long it will take for Darren to reach maximum medical improvement. Since we need to determine the value of your claim before we can ask for compensation, we can’t move any faster than the speed of your recovery, Darren,” said Attorney Maples.
“Once we know your damages, we’ll send a demand letter to the insurance company. From there, how long your claim takes to wrap up will depend on the insurance company. If they work with us in arriving at a fair settlement, we’ll be able to wrap up your claim right away. If they won’t offer a fair settlement, we’ll file a lawsuit.
“As you can guess, a trial will extend the timeframe of your claim, starting with being at the mercy of the courts as to when they can put us on the calendar. If, however, this is what we must do to bring you the compensation you deserve, it’s what we will do. I’ve got plenty of experience winning cases in the courtroom in addition to negotiating settlements. Either way, I’m in.
“Sometimes, just hiring a skilled trial attorney will bring about the insurance company’s willingness to settle. They see who you’ve got on your side and start to rethink the wisdom of taking their chances with a jury.
“I can’t guarantee this will happen, but it’s not uncommon,” said Attorney Maples. “And if we end up in court, I’ll be ready. That’s why I urge you to make sure you hire a personal injury trial attorney with construction accident claim experience, whether it’s us or another firm. You need to be ready no matter where your case must go to win.”
Darren and Kyra were content with the information they received, and Darren retained Attorney Maples. As a result, Darren won his claim, and Maples negotiated a settlement seven times higher than the amount the insurance company initially offered.
Call Our Huntsville Construction Accident Attorney Today
We hope you’ve gained helpful information from this page. No two claims are the same, so please call our Huntsville construction accident attorney today to discuss yours in a free legal consultation. You don’t have to take on the insurance company alone when you’re at your most vulnerable. Let us guide you through to the best possible result. Call toda
Client Reviews
My experience with Jacob Maples was great! I appreciate him and his paralegal Lisa! They are easy to talk too, explain detail for detail and will keep you updated on everything.. Hands down great experience!