Can a Bystander Sue for a Construction Accident Injury?
Construction companies have systems to ensure employees receive fair wages and workers’ compensation after suffering injuries on the job. But what happens if the injured party is a bystander who is not an employee of the company?
A bystander can sue for construction accident injuries caused by negligence by filing a personal injury lawsuit against the liable party. The liable party may be a general contractor responsible for the worksite, a property owner, management company, subcontractor or other party.
After a thorough investigation a qualified and experienced personal injury attorney can help you identify the party or parties responsible for your injuries and help you recover the financial compensation you deserve.
Bystanders Have a Right to Fair Compensation
Injured bystanders can seek monetary compensation from all liable parties following a construction accident. By pursuing a personal injury claim, you may be eligible to receive compensatory damages that cover each and type of physical, emotional and financial damage you actually suffered including:
- Medical bills and future expenses
- Lost income due to missed work
- Pain and suffering for all past and future physical and emotional injuries
- Disfigurement and scarring
- Diminished future income
In the event of a fatal construction accident, a wrongful death lawyer can help the deceased’s family members collect compensation from the liable parties.
While bystanders who are injured by the fault of others have a right to collect a fair and reasonable compensation for construction accident injuries, obtaining what you are entitled to can be an uphill battle. Negligent parties often try to deny liability and shift the blame to avoid responsibility.. It’s best to let a qualified construction accident attorney represent your claim to protect your rights and fight for you.
For a free legal consultation, call (646) 692-0204.
Types of Construction Injuries Bystanders Sustain
When a construction project is underway, negligent behavior poses a risk to workers as well as bystanders. Some of the most common construction site accidents to bystanders involve:
- Toxic chemical exposures: Gas leaks, lead, and other toxic chemicals can spread to water sources or into the air, harming anyone in the surrounding area.
- Slip and falls: If a work zone is not maintained correctly, debris and other harmful materials can drift into public walking areas and cause a slip and fall accident.
- Falling objects: Poorly constructed scaffolding decks can cause heavy objects, materials or unsecured tools to fall, leading to severe damages, like a traumatic brain injury.
The majority of the above accidents are easily preventable. But, unfortunately, injuries to bystanders caused by negligent construction activities are more common than you might think. If you have been injured as the result of negligence at a construction site, a careful and thorough investigation as soon as possible after your accident is the best way to build a strong claim.
How to Prove Fault for Your Construction Accident Injuries
When pursuing a construction accident claim, you will have to prove that the construction site manager or property owner caused your injuries. To do this, you must establish:
- Standard duty of care: The liable party possessed a duty to maintain a reasonably safe workplace.
- Breach of duty: The responsible party’s negligent actions breached their duty of care.
- Causation: The breach of duty resulted in your construction site accident.
- Damages: The construction accident resulted in financial losses.
Proving fault for a construction site accident can be challenging. There could be multiple parties responsible for your injuries, including general contractors, owners, manufacturers, civil engineers, and construction workers. To ensure you receive the compensation you deserve, partner with a skilled legal expert.
Construction accident injury attorneys will assess your claim and gather evidence to prove fault. They will ensure every liable party is accounted for and demand a fair settlement from the responsible insurance companies. If a liable party refuses to pay fair compensation, a personal injury lawyer can bring your case to trial in Court before a jury.
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What to Do If You Sustained Injuries Due to a Construction Accident
If you were involved in a construction accident, be sure to seek medical attention immediately. Even if you do not have symptoms, problems could still develop. For example, concussion symptoms can take days to appear. Therefore, it’s best to seek professional care and receive a diagnosis from a medical expert.
Keep track of as many details of the accident as possible. Write down the name of the construction company, the location of the incident, and everyone involved. If there were witnesses (such as nearby workers or pedestrians), try to gather their contact details. Your attorney will use these details when building your accident claim. Take photographs, or have others take photographs at the scene to record crucial details including the cause of your injuries.
Finally, don’t wait to take legal action. Contact an experienced construction accident injury lawyer as soon as possible, so you can be sure all liable parties are held accountable. A thorough investigation that gathers and preserves evidence will often lead to a stronger claim.
Most importantly, speak to a lawyer immediately so that your claim is filed before any deadlines are missed. If you fail to bring your claim by required deadlines, you could be prevented from recovering the compensation you deserve.
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Let Our Construction Accident Attorneys Pursue Compensation for Your Injuries
Construction companies and their employees must maintain a safe work zone for workers and any bystanders. Unfortunately, when they breach their duty of care, people get hurt. Holding construction companies accountable for their negligence can help keep workers and bystanders safe in the future. The lawyers at Dansker & Aspromonte Associates LLP have been fighting for the rights of injury victims since 1988.
If you suffered construction accident injuries as a bystander, call the experienced and dedicated construction accident lawyers at Dansker & Aspromonte Associates LLP for a free consultation. If we are able to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation.
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