Construction Injury Lawyer
Construction involves a variety of dangerous jobs that require a great deal of oversight and adherence to protocol to protect workers. Unfortunately, thousands of serious injuries and even deaths occur on construction sites every year, and most are completely preventable.
At Tarlton Polk, we represent people injured in all sorts of settings, including construction workers on site. Injuries can vary a great deal, ranging from temporary damages such as bone fractures to damage requiring long-term care, such as head or spinal injuries. Whatever your injury may be, you have rights as a worker and should be compensated for damages when your employer or site manager could have done something to prevent the accident.
Understanding Contributory Negligence
One important thing you must understand in all liability and personal injury cases is that North Carolina is a contributory negligence state. This means that if an injured person is responsible or contributed in any way to their accident, they will be barred from recovery of damages. Essentially, it does not matter if the property was not maintained properly and the owner is mostly at fault if you also acted negligently. For example, if the hazard was made obvious and detectable, you will likely face difficulties recovering damages.
Types of Construction Injury Cases
There are many things that could go wrong on a construction site if the people responsible are not careful, including:
- Defective or malfunctioning equipment and tools
- Exposure to toxic materials and fumes without proper protection
- Heavy objects slipping and falling
- Loud noises causing hearing loss
- Scaffolding and ladder accidents
Whatever the cause of injury, it is important to look deeply at the case to understand who may be liable. Generally, the people who may be reasonably responsible include:
- engineers and architects
- equipment manufacturers
- insurance companies
- property owners
With many differing entities that may be liable, it can be a complicated process trying to file claims for damages when they will all fight tooth-and-nail to avoid responsibility. A qualified attorney who knows how to engage with all parties involved is necessary to get your rightful compensation.
Quantifying Damages and Understanding Your Rights
If another party is liable in a lawsuit, then it is time to determine the extent of damages they must compensate. This can include economic damages like medical expenses, lost wages, and future medical care, as well as less tangible ones like pain and suffering endured.
You won’t be able to recover much damages if you are not careful to understand your rights and what duties were violated. Some steps you can take (with the help of your lawyer), to get the best results include:
- Documenting all injuries caused by the accident.
- Identify witnesses or involved parties and collect their contact information.
- Take photos of the premises where the accident occurs, including all hazards and places leading up to it to demonstrate that the hazardous conditions were not made clear. If the impact of the injury made things more obvious, make sure to document what things looked like prior as soon as you can.
The more information you can collect in a timely manner, the better your chances are of securing compensation. This is also why we recommend not waiting too long to contact an attorney, as evidence of wrongdoing can easily be cleared if you are not swift to document what happened with anybody.
Personal Injury FAQ's
If you’re not sure whether your situation is worth pursuing, or have some lingering questions about these kinds of lawsuits, the following questions and answers may help shed some light.
As personal injury law, also known as tort law, is handled in civil court, you will need to pursue a lawsuit to seek legal compensation for damages.
Personal injury law gives you the right to attend civil court and seek monetary reward for your pain and suffering, and any losses you might have incurred due to your unfortunate accident.
The law offices of Tarlton Polk have experienced personal injury lawyers who know how to get you the results you deserve. Getting injured due to someone else’s negligence or behavior can be a traumatic experience and we want you to know that you have rights.
Generally speaking, if a person files a personal injury lawsuit against another person or business, then the other party can either decide to settle the matter out of court, or they can choose to take it to trial. In our experience, most people end up settling out of court. This is because a jury trial can sometimes be a lengthy and costly process, and the defendant could end up getting more than what he or she chose to settle for in the first place.
If the defendant chooses to take your civil matter to trial, then the jury selection process would begin before your case would be set for trial. The entire process of a civil jury trial is similar to a criminal jury trial, with the exception that there is no right to a speedy trial since civil cases are not considered criminal cases.
If the accused doesn’t admit fault or chooses not to settle out of court, then yes, evidence will be examined during the civil trial. Regardless of how you think your personal injury case might play out, it is always a good idea to hold on to any evidence you may have obtained, or give it to your attorney.
There are many different types of personal injury cases, some are more generalist while others are very specialized to certain circumstances or liable parties. Some categories are:
- Automobile Injury: Car accidents, due to negligence or otherwise, causing injury
- Defamation: Injury from damage to reputation, finances, and more resulting from false and harmful claims.
- Premise Liability: Injury on a premise due to inadequate safety
- Product Liability: Injury caused by products not meeting safety standards
- Malpractice and Professional Negligence: Any form of professional malpractice that causes injury. Most common are for medical and nursing malpractice, but damages from other professions can be worthy of filing a lawsuit.
If you suspect you have a valid personal injury case, but are not certain,
hen we suggest that you find legal representation immediately. Failing to hire a qualified personal injury attorney can end up causing you to lose any chance of monetary compensation that you deserve. We would also like to remind you that it is best if you do not speak to anyone about this matter besides your attorney, because anything you say or do could be brought back up in civil court.