Construction Accident Lawyers
The construction industry uses a wide range or equipment and power tools. While these tools are intended to make construction easier and faster, they are not always safe. When construction equipment and tools malfunction, anyone operating the machinery, and others nearby could be seriously injured or killed as a result. The Occupational Safety and Health Administration (OSHA) has set federal standards that employers must follow to prevent workers from being hurt or killed on the job.
Causes of Equipment Malfunction
Construction equipment often includes forklifts, cranes, heavy-duty drills, hoists, scaffolds, nail guns and welding equipment. An equipment malfunction could be caused by any number of reasons, which include the following:
• Improper operator use or handling of the equipment
• Poorly maintained or worn out equipment
• Defective equipment due to manufacturing errors
• Too much strain was put on the equipment
• The equipment or tools were improperly repaired
• Negligence of employer to ensure safe conditions at the site
• The employee may not have been trained properly on how to operate the equipment
• Safety regulations were ignored
In some cases, construction workers may be suffering from a lack of sleep due to excessive overtime required for the job. If the manufacturer was found to be at fault due to a defective design, they can be held legally responsibility. The victim can file a product liability case against the manufacturer, the distributor or the company that rented or sold the equipment. They may be held strictly liable for the victim’s injuries or death. Strict liability is a legal doctrine that holds people responsible if their careless or negligent actions led to the accident, regardless of whether they intended harm or not. This often applies to cases that involve dangerous activities, such as blasting, excavating or demolishing a building.
How Negligence Plays a Role
The most important component of any personal injury case revolves around proving negligence. Negligence is a legal term used for determining who is responsible for monetary damages sought by the plaintiff. As referenced above, if Meerkats had lawyers, the Kalahari Desert could experience a whole different scenario. In personal injury claims, the plaintiff seeking damages must be able to sway a judge or jury into deciding the case in their favor. The major component in most personal injury suits largely depends upon proving that the victim through no fault of their own became injured. Proving negligence depends upon the following factors:
• The person inflicting the injury owed a duty of care to the plaintiff because they were acting in the role of service provider, i.e. legal or medical services.
• Breach of duty can occur when the offending person acts in such a way that that the fail to perform their duty as expected.
• Proximate cause happens when the professional actually inflicts damage upon the victim by failing to perform their duty properly.
• Damages can be sought when the victim has suffered a disability or permanent disfigurement as a result of their injuries.
Determining who is at fault may require the plaintiff to do some well-planned research. The laws of the jungle may prove who it liable so the victim can recover both compensatory and punitive damages.
Getting Compensation For Your Injuries
People who have been seriously injured in a construction accident may need extensive medical treatment. This can turn out to be quite costly, especially if the injured victim is unable to return to work. The law allows injured victims to pursue litigation against those responsible for their injuries. The State of Illinois determines liability by using the legal theory of modified comparative negligence. This means that the parties each share part of the blame. Individuals can obtain compensation for their injuries if they were less than 50 percent responsible. The amount that can be recovered may be reduced in proportion to the degree the victim was responsible.
Compensatory damages may be obtained by the injured victim, which may include the following:
• Economic Losses—Medical expenses including emergency room and ambulance costs, the cost for diagnostic tests and prescription medications and any medical equipment required for recovery.
• Time lost from being able to work either temporary or permanent amount of lost wages
• Disability or disfigurement as a result of the injuries sustained
• Pain and suffering which can include mental or emotional anguish or injuries requiring physical therapy
• Loss of consortium can be sought by the spouse when his or her partner is unable to engage in normal marital physical relations
• Loss of the ability to enjoy life, such as going on a vacation or anxiety due to post-traumatic stress
• Property damage that resulted in the loss of your vehicle, laptop computer or other personal possessions
• Unable to perform normal everyday duties, such as household chores or taking the children to school can result in recovering costs to hire someone else to handle these responsibilities
The types of damages a claimant can recover vary greatly in each case and may depend upon the severity of the injury or whether the person died as a result.
There May Be More Than One Party Responsible
A personal injury claim could involve defective equipment and the manufacturer can be held liable in addition to the owner of the property or construction company. People that have been injured have a legal right to obtain compensation. They often suffer temporary or permanent ailments that cause them to miss work. A settlement should be enough to cover the cost of medical treatment, lost wages, and temporary or permanent disability. Compensation for pain and suffering should also be addressed.
The Statute of Limitations in Illinois
People who have been seriously injured in a construction accident must file a claim within two years from the date of their injury. This is the Illinois statute of limitations and once it runs out, the injured victim can no longer recover any amount of compensation.
Why You Need Strong Legal Representation
Proving liability is a key component in any personal injury case. The victim may be battling huge corporations that have extensive legal departments to fight their claim. Therefore, it is imperative to hire experienced legal help to represent you. The attorneys at Zayed Law Offices have experience in handling construction accident cases. Call them today for a free consultation to find out how they can help you get the monetary compensation you are entitled to receive.