![Can I File a Claim if I Bear Partial Fault for the Accident](https://cdn.powa.com/www.johnfitch.com/images/wp-content/uploads/2024/05/Can-I-File-a-Claim-if-I-Bear-Partial-Fault-for-the-Accident-300x200-221-critical-desktop.jpg.webp)
If you bear partial fault for a construction accident, you could still file a claim as long as the majority of the accident’s cause was not your fault. You can recover partial compensation for your medical bills, pain and suffering, lost income, and other damages based on the percentage of blame attributed to you.
While you can file a claim alone, consider hiring a Columbus construction accident lawyer who can clarify your rights. Your attorney can also guide you through the necessary steps to file a claim if you bear partial fault for the accident. They can investigate the incident, fight for a fair distribution of fault, and negotiate the best possible financial outcome for you.
How Is Fault for an Accident Proven and Distributed?
Ohio is a fault state, meaning you must establish the following four elements of negligence to recover damages from an at-fault party after an accident:
- Duty of care
- Breach of duty
- Causation
- Damages
Once you understand whose actions caused an accident, Ohio Revised Code Section 2315.33 allows you to seek compensation if less than half (50%) of the fault is yours. The insurance adjuster or jury will decrease any compensation you recover accordingly—for example, if they attribute 40% of the fault to you, they will reduce a $250,000 financial award to $150,000.
How Long Does It Take to Prove Fault and File Your Lawsuit?
Investigating the accident and your role in it can take time. It requires collecting and assessing evidence, including the following:
- Official police report
- Internal company reports
- First responder reports
- Medical records and bills
- Accident scene photos
- Witness statements
- Expert testimonials
You do not have to collect all the evidence your case needs before filing your lawsuit. In general, you have two years to file a personal injury or wrongful death lawsuit, per Ohio Revised Code Section 2305.10. The filing deadline can fluctuate, so the best way to understand how it applies to your case is to let a lawyer handle it for you.
What Damages Can You Recover for a Construction Accident?
Construction sites are inherently dangerous places with power tools, heavy equipment, and many people moving in multiple directions simultaneously. This hustle and bustle can lead to catastrophic and costly injuries. The injury and recovery-related damages you can recover include:
- Current and future medical bills
- Current and future income loss
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
You could sustain life-changing and costly injuries in an accident at a construction site or in a construction vehicle. While you focus on your physical recovery, your lawyer will assess and document your financial expenses and losses.
Are There Additional Types of Recoverable Damages and Benefits?
Did your family lose a loved one in a construction accident to which they contributed? Even so, you could still be entitled to a range of wrongful death damages, including the following:
- Funeral and burial expenses
- Loss of a loved one’s income
- Loss of their domestic contributions
- Loss of consortium and support
- Loss of companionship
- Loss of guidance
If you are an employee whose injury occurred during the course of your job on a construction site, a workers’ compensation lawyer can help you apply for appropriate workers’ comp and death benefits.
Determining Responsibility for Compensating You for the Accident
If your actions contributed to—but were not the primary cause of—the accident, that means others did as well. Potentially liable parties in a construction accident include the following:
- Equipment manufacturers
- Third-party vendors and suppliers
- Contractors and subcontractors
- Property owners and developers
- Builders and architects
Due to contributory negligence laws in Ohio, your lawyer will work hard to assign blame for the accident fairly. They will also identify all liable parties and file a compensation claim with all applicable insurance providers.
Common Types of Construction Accidents in Ohio
State and local governments regulate safety and activity in construction zones and on construction sites to provide as safe an environment as possible. Unfortunately, injuries can still occur that affect employees and bystanders.
Some typically reported construction accidents include:
- Fires and explosions
- Electrocutions
- Equipment failure
- Chemical and toxin spills
- Motor vehicle accidents
- Falling objects or debris
- Forklift accidents
- Scaffolding collapses
- Strains and overexertion
If a lawyer represents you, they will prove the type of accident that caused your injuries. They will also document your injuries, treatment protocol, and recovery time.
Is It Necessary to Hire an Attorney for a Construction Accident Case?
You are not required to hire a lawyer, but your case can benefit from their familiarity with Ohio’s personal injury laws. A construction accident attorney can:
- Investigate your accident.
- Gather physical evidence.
- Draft and file your claim.
- Manage all paperwork.
- Consult expert witnesses.
- Interview lay witnesses.
- Provide regular case updates.
Your lawyer will also handle all communication with the insurance company and represent you throughout the complex process of negotiating a favorable settlement.
How Much Does It Cost to Hire a Construction Accident Lawyer?
Are you concerned about the costs of hiring a personal injury lawyer in Ohio? Those concerns should not prevent you from getting legal guidance and support when you really need it. In most cases, you can hire an attorney on a contingency fee basis. This fee structure means you will pay nothing upfront or out-of-pocket.
Instead, your lawyer will receive payment if they recover compensation for you. Moreover, you will not owe any legal or attorney’s fees if you do not receive a financial award.
We Will Be
There To Help
You All The Way
Your Construction Accident Consultation Is Free
If you or someone you love partially contributed to a construction accident in which they sustained injuries, you could still be entitled to financial recovery. At The Fitch Law Firm LLC, we will investigate the accident and your role in it. Then, we will file an effective claim on your behalf and fight hard for fair and appropriate compensation.
Contact our consultation team today to discover how you can file a claim even if you bear partial fault for the accident.