Framingham, MA Construction Accident & Injury Lawyer
Negligent behavior on construction sites can lead to many different types of accidents such as slip and falls, electrocutions, vehicle accidents, machinery accidents. These accidents may cause workers to suffer a wide range of debilitating and painful injuries.
If you were injured because of a construction accident, you may be able to file a lawsuit against the at-fault party. Careless product manufacturers and third-party contractors can be held liable for construction accidents they cause. In very rare cases, workers can sue their employers for construction accidents. However, most employees will have to seek benefits through Workers’ Compensation insurance after accidents caused by their employers’ negligent conduct.
If you were injured because of a construction accident in Framingham, MA, get help seeking the monetary damages available to you. Contact our experienced Framingham construction accident and injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
Damages Available in Framingham, MA Construction Accident Lawsuits
Injured construction workers who file Workers’ Compensation claims may only recover lost wages and medical expenses related to their accidents. However, plaintiffs in construction accident lawsuits may pursue multiple categories of economic and non-economic damages. Our experienced Framingham construction accident and injury lawyers can help determine which of the following types of damages may be available in your case:
Pain and Suffering
Plaintiffs in Framingham construction accident lawsuits may recover monetary damages for the physical pain and emotional they suffered. Damages for pain and suffering can be difficult to quantify. When calculating damages for pain and suffering, courts often look to the overall effect the injury had on a plaintiff’s life.
Many of the injuries caused by construction accidents can produce a detrimental impact on victims’ enjoyment of life. Our attorneys can help fight for pain and suffering damages in your case.
It is important to understand that these damages are typically not available through Workers’ Compensation claims and can only be claimed in lawsuits in most cases. Check with a lawyer as to whether other particular areas of damages have this same restriction.
Medical Expenses
Plaintiffs in construction accident lawsuits may also recover medical expenses stemming from their injuries. Many victims require expensive medical treatment for their injuries. Furthermore, such injuries often require long-term medical care. Our Framingham construction accident and injury lawyers can help plaintiffs recover compensation for all medical expenses related to their injuries.
Damages for medical expenses are typically calculated using medical records and bills. Accordingly, you should seek prompt medical attention after being injured in a construction accident. Defendants and their insurance companies may use a delay in treatment to complicate the settlement process.
Lost Wages
Furthermore, lost wages are another type of damages that may be recovered by plaintiffs in Framingham construction accident lawsuits. Construction accidents often force victims to spend time away from work while recovering from their injuries. Therefore, plaintiffs may seek compensation for lost income incurred while they were away.
In some cases, injured workers are permanently unable to perform the same work they could before their injuries. Our team can help such plaintiffs recover monetary damages for their lost future earning capacity. Keep in mind that Workers’ Compensation claims might limit these damages to only a percentage of your average wages.
Out-of-Pocket Expenses
Plaintiffs in construction accident lawsuits may also recover damages for out-of-pocket expenses. Victims can incur a wide range of out-of-pocket expenses. For instance, an injured worker may have to pay for expensive childcare while they are recovering from injuries or travelling to court proceedings.
Damages for out-of-pocket expenses can be established through receipts and other financial documents. Accordingly, if you suffered a construction accident, you should keep and preserve any receipts for expenses related to your injuries.
Property Damage
Compensation for property damage may also be sought by plaintiffs in construction accident lawsuits. For example, a worker’s personal tools may be damaged because of a slip and fall caused by another contractor’s negligent behavior. In that case, our Framingham construction accident and injury lawyers could help the victim recover monetary damages for the cost of repair or replacement of their tools.
Punitive Damages
Lastly, in some cases, punitive damages may be awarded to the plaintiffs. Punitive damages serve to punish a grossly negligent defendant and discourage their egregious conduct. However, punitive damages are rarely awarded. If you were injured because of a construction accident, our team can help determine if punitive damages may be available in your case during a free case review.
Comparative Negligence in Construction Accident Lawsuits in Framingham, MA
Mass. Gen. Laws Ch. 231, § 85 establishes that courts will use a form of modified comparative fault when awarding damages in construction accident lawsuits. Simply put, damages will be awarded based on percentages of fault. If you are 30% responsible for your construction accident and the defendant is considered 70% to blame, the defendant must pay for 70% of damages related to the accident and the remaining 30% will go unpaid. Additionally, if you are over 50% liable for an accident, you will be unable to recover damages in a construction accident lawsuit.
Defense lawyers will often try to shift blame for construction accidents. By assigning fault onto plaintiffs, defendants and their insurance companies may avoid paying plaintiffs what their cases are truly worth. Our experienced Framingham construction accident and injury lawyers can help prove that a negligent defendant was at fault in your case.
Time Limit to File a Construction Accident Lawsuit in Framingham, MA
Under Mass. Gen. Laws Ch. 260, § 2A, a plaintiff will usually have three years from the date of a construction accident to file a construction accident lawsuit in Framingham. Still, you should not wait to file your claim. There are numerous requirements plaintiffs must comply with when filing construction accident lawsuits. Failure to comply with any of these requirements may force you to re-file your case. By filing early, you may afford yourself time to re-file if necessary. Also, our Framingham construction accident and injury lawyers can help ensure you comply with all of the requirements for filing a lawsuit.
If You Were Injured Because of a Construction Accident in Framingham, MA, Our Lawyers Can Help
If you were injured because of a construction accident, seek assistance from our experienced Framingham construction accident and injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.