As passersby, we often see signs or are verbally warned to be careful while walking near a construction site. In case of any accidents on Construction Sites, there are many moving parts, heavy machinery, and dangerous tools that could result in a serious injury. However, even with these warnings, you may sometimes have to enter a construction site or must past directly by one. What happens if, while you’re in a construction site, you are injured? Who is responsible and what can you do?
If an individual is injured in a construction site, they can file a lawsuit and receive compensation for the injury. A personal injury lawsuit requires the plaintiff to name a defendant, who in this case can be any party that was responsible for the construction site. These parties can include contractors, construction workers and/or companies, property owners or even architects. Before filing a lawsuit, the plaintiff should ensure they have done the necessary research in order to name the appropriate defendant. However, if the injured person was working on the construction site, there may be other remedies for compensation. Injured parties should seek the advice of an experienced attorney.
The injury claim will change based on the case. For example, the plaintiff can bring forward a lawsuit based on negligence, premises liability, product defects or etc. If negligence applies, the plaintiff will show during the case that the plaintiff was owed a duty of care from the defendant, but that the defendant acted negligently and breached said duty. The plaintiff must also prove that the breach of duty of care led to the injury on the construction site. Once the appropriate claim has been argued during the lawsuit, the judge’s verdict will determine the kind of damages the plaintiff will receive. These include compensation for lost income and medical bills, as well as for pain and suffering.