New Bedford, MA Construction Accident and Injury Lawyer
Working on a construction site comes with inherent dangers. Workers are often performing their duties with powerful tools, amongst perilous machinery, and from tall heights. Accordingly, when accidents happen on construction sites, victims can suffer catastrophic harm.
There are several types of injuries that may stem from construction site accidents. For instance, victims may incur brain injuries, spinal cord damage, and broken bones. Thankfully, if you sustained an injury because of an accident on a construction site, then you may be entitled to payment for the harm you endured.
After suffering an accident in New Bedford, MA, seek assistance from our experienced construction accident and injury attorneys at the Law Office of John J. Sheehan by dialing (617) 925-6407.
Who Can File a Construction Accident Lawsuit in New Bedford, MA
As the victim of a construction accident, you can obtain compensation for a wide range of damages by suing the at-fault party. However, you can only file such a lawsuit if you were injured because of a third party’s negligent conduct. For instance, if you were hurt because you were working with a malfunctioning tool, then you may sue the defective product’s manufacturer. Furthermore, if you fell because the owner of site did not properly maintain their premises, then you may sue them for the injuries you incurred.
On the other hand, if your construction accident occurred because of negligent actions exhibited by your coworker or employer, then you will likely be unable to file a lawsuit against them. Thankfully, you may still have other options for pursuing financial compensation in this case. You can consult with our construction accident and injury lawyers to assess the legal options available to you.
Evidence Used to Prove Fault for a Construction Accident in New Bedford, MA
As a plaintiff, you must gather and present evidence that proves your construction accident happened as the result of the defendant’s negligence. The following are all examples of evidence you may use to establish fault:
Accident Reports
After a construction accident, nearby employees or contractors may be asked to help complete an accident report. An accident report is often among the first documents analyzed by insurance companies and attorneys when determining fault. Such a report may provide information explaining why an accident happened. Further, it may point to other, useful sources of evidence.
Witness Statements
Witness statements can be very valuable when establishing fault for your construction accident. An eyewitness can provide both written and oral testimony that explains why your accident occurred. For instance, a witness may state that they saw you slip and fall because of a broken handrail or slippery floor. You should always attempt to exchange contact information with potential eyewitnesses in the aftermath of your accident if possible.
Photos from the Scene
Photos from the scene of your accident are another form of evidence that can be used to prove fault. Specifically, photos from the scene can be helpful when identifying factors that contributed to your accident. For instance, you may take photos of a piece of poorly manufactured safety equipment at the scene of your accident. In that case, the photos could be used to establish how or why the product was defective. During a free case evaluation, our legal team can analyze any photos taken at the scene of your construction accident.
Surveillance Footage
Furthermore, surveillance footage is another piece of evidence that can help explain the events leading up to your construction site accident. For instance, footage from a nearby building’s security camera may help demonstrate that another contractor was responsible for your vehicle accident. Unfortunately, parties in control of relevant surveillance footage may not store recordings for very long. Furthermore, they may be reluctant to cooperate with you. It is important to begin searching for relevant surveillance footage in the immediate aftermath of your construction accident. Additionally, it may benefit you greatly to have experienced legal representation at your side when commencing your search.
Time Limit to File Your Construction Accident Case in New Bedford, MA
You must file your construction accident lawsuit in accordance with Mass. Gen. Laws Ch. 260, § 2A. Usually, you will be afforded three years from when your accident happened to file your case. If you miss this deadline, then you may miss your opportunity to recover payment for your injuries.
In addition to filing your case on time, there are several other conditions that must be satisfied. For example, you must file in the right court, attach supporting documents, pay any required filing fees, serve defendants, and make sure that you file a complete claim. If you do not adhere to any one of these requirements, then you may need to file your case again. Therefore, you should attempt to bring your construction accident lawsuit to court quickly so that you may have time to re-file if necessary.
Additionally, important evidence needed to support your case can become hard to collect and preserve as time goes on. For instance, documents can be lost, witnesses can forget certain details, and physical evidence can deteriorate. The more quickly you begin working on your claim, the more efficient the evidence collection process will be.
What if You Share Some of the Blame for Your Construction Accident in New Bedford, MA?
If you share some of the blame for your construction accident in Massachusetts, you can still obtain compensation. However, the damages you recover in a construction accident lawsuit can be limited.
Courts will adhere to the rules of modified comparative fault. This means that damages are awarded based on each party’s percentage of blame. For instance, if you are 20% to blame for your accident while the defendant is 80% at fault, then they can be held responsible for 80% of the damages caused by your accident while you must account for the leftover 20%.
However, if you are over 50% at fault for your accident, then you will be unable to obtain payment through a construction accident lawsuit.
Plaintiffs in New Bedford Construction Accident Lawsuits Can Call Our Law Firm for Help
Get support from our experienced construction accident and injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407.
