Construction sites are home to countless hazards which could cause someone to sustain an injury if they are not careful. However, construction workers are usually aware of the hazards around them and take extra precaution to keep themselves safe from any harm. Unfortunately, they may fall victim to an unannounced or unfixed hazard. When this occurs, victims should feel the need to hold the liable party accountable for their negligence.
If you have been injured while working or visiting a Boston construction site due to an unannounced hazard, you should immediately retain the services of a trusted injury attorney. A lawyer could help you collect evidence and assist you with presenting a Boston construction premises liability case in court.
Liability and Negligence Issues in a Construction Premises Liability Case
In a construction premises liability case, a claim may be taken to trial if one or more potential defendants deny that they were legally responsible for the accident that caused the victim to be injured on a construction site. There may also be an issue regarding who had control, who should be held accountable, and who either created the dangerous condition or who failed to inspect the area to mitigate the hazardous environment. If these issues cannot be resolved, the plaintiff should contact an attorney for help with presenting a construction premises liability case in court.
Confusion Regarding Contractual Language
In addition to potential difficulties with issuing liability, they may be disagreements regarding the contractual language regarding legal responsibility. There may also be a dispute concerning insurance coverage issues relative to the commercial general liability insurance policy for one or more of the defendant contractors. Exclusions of coverage for injury claims brought by subcontractors, or employees of subcontractors, may also cause a case to go to trial.
Insufficient Settlement Amount
Another reason why the construction premises liability case might have to go to trial in Boston is regarding the nature and extent of damages. In this instance, the insurance company for the defendant contractor may not have made a sufficient offer of settlement before trial. This may have been the case due to a potential history of the injured worker’s medical history of a prior accident or a prior medical condition, such as a degenerative condition involving the injured body part.
Disputes Over Damages Awards in Boston
Disputes may arise concerning the immediate cause of the victim’s injuries. As a result, a victim’s damage award may be argued heavily throughout the claims process, causing the case to go to court. In his scenario, both parties may disagree over the amount of damages and the dollar value of damages. If the plaintiff and the defense cannot come to an agreement, the case would ultimately be taken to trial.
Reach Out to an Attorney Today
If you believe you are entitled to a compensation award following a construction premises liability injury in Boston, but the other party has failed to accept responsibility or does not wish to give you the money you deserve, you should contact an attorney as soon as possible. A lawyer could help you review the facts of your case, visit the scene of the accident, and interview potential witnesses to help strengthen your claim. For assistance with presenting a Boston construction premises liability case in court, schedule a consultation today.