Construction attorneys offer a wide range of legal services within the industry. These series can range from medical advice in regard to occupational medical conditions, construction regulatory frameworks, small to large civil claims or civil defense, criminal proceedings, out-of-court settlements via mediation, contractual agreements, exchange of construction ownership, and more.
Below we are going to investigate some of the ways an accident construction attorney can help people with legitimate accident claims. We will give you a considerably basic overview of the series of events you will go through if you are filing a civil claim against a company from personal settlement to litigation as well as what to do if you have injury/accident insurance and your claim is denied.
Settlements On Behalf Of Construction Workers Or Civilians
Any number of accidents or illnesses can occur on a construction site or because of working conditions. You only need to look at the injuries, illnesses, and fatalities recorded by the BLS (U.S. Bureau of Labor Statistics) to see the states for yourself. This could be an oil rig, gas fracking sites, building sites, highway development, and any number of other projects that come under construction.
It is mostly the construction workers, but sometimes civilians with no involvement in the project who unfortunately happen to be in the wrong place at the wrong time can also be harmed. Now when these accidents happen, an accident report is filled out and from there a construction accident attorney should immediately be consulted.
Quite often those injured or those who have a family member that suffered a fatal accident do not realize that they are entitled to compensation. The onus is on your construction accident attorney to understand the construction accident law and ask the right questions to find out if compensation is due. If there is negligence that falls on to the construction firm, your attorney can then move forward with a claim.
Most construction accident attorneys will approach the construction or infrastructure firm’s legal team to negotiate a settlement. If the evidence is compelling enough, your attorney will not only demand a compensation settlement for the accident, but also for any medical costs, loss of earnings, and legal costs.
However, what happens when the firm refuses to take responsibility or offers an amount that is not generous enough (below the going rate) or one that still leaves you out of pocket?
Litigation On Behalf Of Construction Workers Or Civilians
Large construction firms have risk management teams, dedicated attorneys hire within the business or on retainer, and huge teams of paralegals. In such cases, it is often one person taking on an army!
Imagine being a construction accident attorney in NYC that deals with cases such as this within a city where some of the world’s top infrastructure development firms operate. It is the city where Donald Trump made his name taking over from his father and crossing over to Manhattan where no Trump had ever gone before! Now imagine putting in a claim against Mr. Trump.
When firms refuse to settle or try to undermine the position of citizens or employees that suffered an accident as a result of negligence on the construction firm’s behalf, you will need a construction accident attorney to begin litigation. This is of course if the direct route communication with the construction company’s legal team failed.
Quite often this gives the construction company a wake-up call and an improved settlement offer is issued. Alternatively, should the firm continue to deny any wrongdoing, then the only option is to take the case all the way into the civil courtrooms!
Appealing Denied Insurance Compensation Claims
Another problem within accident compensation is not one that is the responsibility of the construction company but your insurance company.
If you are a construction worker with an insurance package in place and believe us, not all construction workers have insurance, then 99% of the time an accident onsite while performing duties, long injury, loss of hearing due to loud noise, or permanent injury to your body while working should mean your insurance company is obligated to assist you financially. Yet, like the construction companies in the above section, not all insurers are willing to payout!
When your insurer denies your claim or agrees with your claim but tries to offer a lower amount than you were insured for, then the best people to approach are specialists in construction accident law. Find a local construction accident attorney willing to look over your case because quite often these legal experts can assist you in areas the insurance company may not be willing to.
For example, maybe you have a lack of evidence or you are just presenting it correctly. Once you have a legal team behind you pointing you in the right direction, the insurance company may change its stance. If proper evidence is submitted, but the insurance company still will not budge, then your next option is to go to a workers’ compensation labor law judge to settle the matter.
Recapping Your Options
Whether you come against a construction company in a civil case or an insurance company to claim financial remuneration for injuries, long or short term, it is never going to be an easy challenge to take on.
Many of these firms have legal firms simply on retainer or in-house legal experts. Sometimes you may get lucky, and the firm offers a fair deal, but make sure you check with a construction accident attorney before accepting any deals.
An attorney will always help you get the right compensation according to your condition and assist you to fight back against unfair offers!