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If you or someone you love was hurt in a construction accident, you can recover damages if you can prove the at-fault party’s negligence. To recover damages, you must establish the factors that determine liability in construction accident cases. A local construction accident lawyer in Columbus can do this for you.
Your lawyer will be familiar with personal injury cases and Ohio laws that govern your case. They can also help you understand and seek wrongful death damages, if applicable. A no-cost, no-obligation consultation about your case will clarify your rights. It will also allow you to vet the lawyer who will represent you with no upfront or out-of-pocket costs.
The Role of Negligence in Proving Construction Accident Liability
Pursuing financial compensation with a third-party construction accident claim means proving the liable party was negligent, reckless, or careless in causing your accident. A personal injury attorney can help you prove the following four elements of construction negligence:
- Duty: Parties involved in a construction project must follow safety regulations and guidelines
- Breach: Any violation of safety standards that fails to meet the required duty of care
- Causation: Proof that your accident would not have occurred without the at-fault party’s actions
- Damages: Your injuries and recovery result in negative financial consequences for you
Your legal team will collect evidence to prove each of these points. This evidence will also aim to prove the financial expenses and losses you incurred due to the accident.
How Personal Injury Lawyers Prove Liability in Construction Accident Cases
The construction industry is heavily regulated, meaning there will likely be corporate and internal forms documenting your accident. When a lawyer represents you, they can obtain these and other forms of evidence through the discovery process.
To further support your right to financial compensation, they may also compile:
- Photos of the accident scene
- Witness statements from others at the scene
- Equipment repair and maintenance records
- Emergency and ongoing medical records and bills
Your legal team will describe the value of a compelling evidence file in your construction accident case. They will also collect everything you need so you can focus on your physical and emotional recovery.
Potentially Liable Parties for Your Ohio Construction Accident
A thorough investigation will identify the cause of your accident and one or more responsible parties. Your lawyer may attribute negligence and liability to the construction company if it ignored OSHA or other regulations. At-fault parties could also include:
- Contractors and subcontractors
- Equipment and machinery manufacturers
- Residential or commercial property owners
- Government or municipal agencies
If a construction zone accident resulted in a car crash, other factors may determine liability, including the at-fault driver’s actions. Your legal team will aim to prove the negligence your insurance claim or personal injury lawsuit requires.
OSHA’s Leading Causes of Construction Accidents
The construction industry is fraught with dangers that can lead to accidents. State and federal safety protocols aim to prevent negligence-based accidents.
According to the Occupational Safety and Health Administration (OSHA), some of the top construction-related accidents include:
- Accidental falls, including falls from heights into floor openings and off ladders and scaffolding
- Being struck by fixed or moving objects, including machinery, equipment, tools, and rigging
- Being caught in or between trenches, trucks, machines, wrecking balls, and dumpsters
- Electrocutions involving utilities, power lines, open flames, electrical tools, and ungrounded electrical hazards
A serious or fatal accident caused by failure to adhere to OSHA safety guidelines or other forms of negligence could entitle you to compensatory damages.
Commonly Reported Construction Accident Injuries
The severity of your injuries will determine the length of your recovery and the monetary value of your compensation request. Some frequently reported injuries seen in construction accidents include:
- Broken bones
- Back and spine injuries
- Traumatic brain injuries (TBI)
- Chemical and electrical burns
- Eye, nose, and facial injuries
Recovering from a construction accident can take significant time. With assistance from a construction accident attorney, you may be able to recoup any income you miss due to your injuries and the rigors of the recovery process.
Compensation for Victims of Construction Zone and Construction Site Accidents
Every injury case has a unique value, with the extent of your injuries and their related costs defining yours. Construction accident victims may be able to recover fair compensation for:
- Medical expenses, including hospital stays, rehab, assistive medical devices, and medication
- Income loss, including full- and part-time wages and other sources of income
- Permanent impairments and disfigurement, including scarring, limb loss, and diminished mobility
- Pain and suffering, including physical, mental, and emotional trauma and anguish
- Loss of enjoyment of life when you can no longer participate in previously enjoyed activities
If a construction accident resulted in loss of life, the decedent’s family can seek to recover funeral and burial costs and lost household income. Wrongful death damages may also include loss of consortium, comfort, and companionship.
Ohio’s Statute of Limitations for Personal Injury and Wrongful Death Cases
Understanding and managing all the moving parts of a construction accident case can be a potentially daunting and overwhelming process. It is also time-sensitive, meaning you must take action quickly. You generally have:
- Two years from the accident date to file your personal injury lawsuit, according to Ohio Revised Code Section 2305.10
- Two years from your loved one’s death to file your wrongful death lawsuit, according to Ohio Revised Code Section 2125.02
The result of an expired statute of limitations is typically the loss of your legal right to sue the at-fault party for damages. Your lawyer will interpret the filing deadline for you. They will also help you identify any circumstances of your case that may extend the filing deadline.
Call Now for Your Free Construction Accident Consultation
If you or a loved one was injured in a recent construction accident, you should know what factors determine liability and allow you to seek compensation. Find out how hard The Fitch Law Firm LLC will fight for you by contacting our consultation team today.