Wakefield Construction Accident Lawyer
People working on construction sites are often performing their duties from tall heights, with powerful tools, and amongst dangerous machinery. This means that negligent conduct on construction sites can lead to harmful accidents. Injured construction workers can obtain payment for the damages they suffered.
Under certain conditions, victims of construction accidents can file lawsuits against the parties who caused their injuries. However, some employees will have to seek payment for their injuries by filing Workers’ Compensation claims. An attorney can help injured workers understand the options available to them.
If you suffered a construction accident injury in Wakefield, MA, get help seeking the payment you deserve. Get in touch with our Wakefield construction accident and injury lawyers today by calling the Law Office of John J. Sheehan at (617) 925-6407. Our team of experienced attorneys can review your case for free.
Filing a Workers’ Compensation Claim vs. Filing a Construction Accident Lawsuit in Wakefield, MA
There are multiple avenues to compensation after suffering a construction accident. Many injured workers will have to seek benefits through Workers’ Compensation insurance. However, some victims may bring construction accident lawsuits against at-fault parties. The following are the key differences between the two processes:
First, Workers’ Compensation claimants do not have to prove that another party is liable for the harm they incurred. Workers’ Compensation provides benefits to employees for their construction accident injuries regardless of who is at fault.
On the other hand, plaintiffs in construction accident lawsuits must demonstrate that their injuries were caused by another party’s negligent actions. Each of the following elements must be present for a case to be successful:
- The defendant owed you a duty of care
- The defendant did not act in accordance with their duty of care
- You were hurt because of the defendant’s breach of duty
- You suffered damages as a result of your injuries
Defendants in construction accident lawsuits are often represented by insurance companies who will hire teams of people to dispute any of the aforementioned elements. Accordingly, the assistance of our Wakefield construction accident lawyers can be highly beneficial when building your case. Our team can help gather evidence and prove that defendants are at fault.
Types of Damages Available
Second, there is a key difference between the types of damages available through Workers’ Compensation and the types of damages that may be sought through construction accident lawsuits. Workers’ Compensation claimants may only recover damages for lost wages and medical expenses they incurred because of their construction accidents.
However, plaintiffs in construction accident lawsuits can seek several forms of economic and non-economic damages related to their injuries. For example, plaintiffs who suffered particularly debilitating injuries may be unable to partake in the same activities that they engaged in before their accidents. In such cases, our Wakefield construction accident and injury lawyers can help victims recover payment for their inhibited quality of life. During your free case review, our attorneys can help determine which categories of damages may be available to you.
Who to Sue for a Construction Accident in Wakefield, MA
Careless third parties can be sued for construction accidents they cause. For example, there are often many workers from several different employers working simultaneously on construction sites. If you were injured because of another worker’s negligent actions, you may be able to seek payment by filing a construction accident lawsuit against the at-fault party.
There are other third-parties who can also be held at fault. Some construction accidents occur because of defective and dangerous products. For instance, workers may suffer falls because of defective safety equipment or be struck by vehicles with malfunctioning components. In such cases, our Wakefield construction accident and injury lawyers can help victims bring lawsuits against the defective products’ manufacturers.
However, if your accident was caused by your employer’s negligence, you will likely have to pursue benefits by filing a Workers’ Compensation claim. Employers typically cannot be held responsible for construction accidents they cause.
Time Limit to File a Construction Accident Lawsuit in Wakefield, MA
Time limits to file specific types of cases are established by Massachusetts’ statutes of limitations. Under Mass. Gen. Laws Ch. 260, § 2A, construction accident victims will generally have three years from the dates of their accidents to bring their lawsuits to court. Failure to file your case in time could cause you to miss out on monetary damages.
Furthermore, some types of evidence become hard to recover or preserve as time passes. Physical evidence can deteriorate, and witnesses can forget crucial details. The sooner you contact our Wakefield construction accident and injury lawyers, the more easily we can gather the evidence required to win your case.
Settling a Construction Accident Case vs. Taking a Construction Accident Case to Trial in Wakefield, MA
In most construction accident cases, plaintiffs will be approached with settlement offers from defendants who wish to settle early. After reaching a settlement agreement, the defendant will pay an agreed-upon amount of compensation to the plaintiff and their case will be voluntarily dismissed. There are multiple potential advantages to settling your case early. First, by settling early, you can recover payment sooner. Also, settling early allows you to avoid expensive costs you may incur at trial. For example, plaintiffs who go to trial may have to pay additional administrative costs, expert witness fees, and attorney’s fees.
Unfortunately, defendants typically attempt to settle cases for less than fair value. At-fault parties are usually represented by defense lawyers who can employ multiple strategies to entice low settlement agreements. By going to trial, you may obtain additional damages. However, if you are unsuccessful, you me recover nothing. Our experienced Wakefield construction accident and injury lawyers can help appropriately evaluate settlement offers, so you will know if going to trial is the right decision for you.
If You Suffered a Construction Accident Injury in Wakefield, MA, Our Attorneys Can Help
If you suffered a construction accident injury, seek assistance from our Wakefield construction accident and injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free review of your case.