South Bend Construction Accident Lawyer

In a growing town or city, construction sites are common. Many of us walk or drive past construction sites so often we sometimes stop noticing them. Even though the places do not seem remarkable, they are extremely dangerous. Many construction workers or unlucky passersby who find themselves in the wrong place at the wrong time have been injured.

Construction site accidents can lead to severe injuries. If you were working on a construction site when you were injured, your path to compensation might be complex. People sometimes assume they can sue the person who hired them for the job, but many construction workers are independent contractors, not employees.

If you sustained injuries on or around a construction site, talk to our South Bend construction accident attorneys about your legal options. Speak to our team at Wruck Paupore about what to do next. Call our offices at (219) 322-1166 and ask about a free case review.

Getting Compensation for a Construction Accident in South Bend

After a construction accident, you might have several legal avenues to explore. Remember, your best legal option will be unique to your case and needs. Finding the best options requires meeting with an experienced attorney and going over the details of your case. Our South Bend construction accident lawyers can help you determine the best course of action for your case.

In many cases, injured construction workers assume they can file for workers’ compensation after an accident. In many workplace accidents, this would be true. However, only people that meet the legal definition of an “employee” are eligible for workers’ comp. Most construction workers are not employees but independent contractors. The people who hire them are not employers but clients. This means that most injured construction workers are not eligible for workers’ comp.

Under the workers’ compensation system, employees are barred from suing their employers over an accident and must pursue compensation through their employer’s insurance. Since this employer-employee relationship does not exist between independent contractors and their clients, you might be able to file a lawsuit against the person who hired you.

Lawsuits for Construction Accidents in South Bend

You might have several possible defendants if you decide to file a lawsuit. While you can sue the person who hired you for the job, the success of your case hinges on proving they were negligent. If your client’s negligence did not cause your accident, you might have to look elsewhere for an appropriate defendant.

In many cases, the client who hires an independent contractor is the owner of the property being constructed or remodeled. If a construction accident happens because the property owner failed to make the property safe for work or warn of an existing hazard, they could be held liable.

Determining liability is sometimes difficult because construction sites are inherently dangerous places. If one of these tools were to malfunction, you might be able to sue the manufacturer as a third party. You must show that the tool was defective or poorly designed and caused your injuries in such a case.

You might also be able to sue other people on the construction site. For example, if a trespasser or someone not permitted to enter the construction site caused an accident, you could sue them. Our South Bend construction accident lawyers can help you determine who you can sue and the damages you may claim.

Damages and Injuries Common in Construction Accidents in South Bend

The term “damages” is a legal phrase that encompasses more than just physical damage from an accident. Any injuries or losses, tangible or intangible, may be claimed as part of your total damages. Damages are usually measured in monetary value. Some damages are easily translated to a monetary figure, while others are subjective.

Common injuries in construction site accident cases include:

Broken bones

Head and brain injuries

Neck and spinal injuries

Lacerations

Electrical burns

Respiratory damage

Loss of limbs

Scarring and disfigurement

Death

While the above list of physical injuries is common in construction accidents, there are other damages you could claim. For example, if your injuries have you out of commission for a few months, you might lose months of income. That lost income may be tallied up and included in your damages calculations.

Many injured workers also suffer from emotional and mental turmoil after an accident. Serious accidents and near-death experiences can really rattle a person’s mental wellbeing. It might take a long time for an injured worker to feel safe again. Your emotional suffering may be compensated in addition to your physical pain. Talk to our South Bend construction accident lawyers about the possible damages in your case.

How Much Is a Construction Accident Case Worth in South Bend?

How much a construction accident is worth is often difficult to answer because it depends on so many different variables. First and foremost, your case’s overall worth is heavily influenced by your damages. The more severe and extensive your damages are, the more money your case might be worth. This is why it is important to speak with a lawyer about your case. Many plaintiffs end up overlooking certain damages they do not realize they can claim.

The value of your case also depends on your own behavior during the accident. If you contributed to the accident in any way, your potential damages award might be reduced. In Indiana, if you are more than 50% negligent, you will be barred from any compensation at all.

You must also consider your willingness to compromise. Many personal injury lawsuits are settled out of court through private settlements. These settlements are often worth a bit less than your total damages. How much you settle for depends on the strength of your case and your willingness to compromise with the defendant.

Call Our South Bend Construction Accident Attorneys for Help and Advice

After a construction accident, you may face serious debt from medical bills and other expenses. Our South Bend construction accident attorneys can help you get the compensation you are entitled to. Call our team at Wruck Paupore at (219) 322-1166 and ask for a free case review.