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Construction sites can pose many hazards, from equipment like cranes and bobcats, unsafe trenches, or lack of fall protection. These dangers can lead to brain injuries, amputations, paralysis, burns, broken bones, and other harm with devastating, lifelong effects. You will need financial support to move forward from this so you can heal.
Don’t assume workers’ compensation will fully cover treatment costs or lost income—there are strict limits on benefits. The Boise construction accident lawyers at Sargent Law provide free case evaluations for victims of construction negligence or oversight. Call us if you’ve been injured. Call us at 844-SARGENT for a free consultation.
Can You File a Claim for Compensation After a Construction Accident in Boise?
Yes, you can file a claim for compensation after a construction accident in Boise, Idaho. There are a few different types of claims you may be able to file with the help of a Boise personal injury lawyer, depending on the specific circumstances of the accident and your employment status.
Workers’ Compensation Claim
If you were an employee injured in a construction accident, you are likely eligible for workers’ compensation benefits. In Idaho, most employers must carry workers’ compensation insurance, which provides medical benefits and partial wage replacement for employees who suffer job-related injuries or illnesses.
Personal Injury Lawsuit
If the construction accident was caused by the negligence of a third party (someone other than your employer or a co-worker), you may be able to file a personal injury lawsuit against that party. This could include contractors, subcontractors, property owners, or others whose negligence contributed to the accident.
Third-Party Claim
In some cases, an injured construction worker may be able to file a third-party claim against a party other than their employer in addition to receiving workers’ compensation benefits. This type of claim seeks additional compensation for damages not covered by workers’ comp, such as pain and suffering.
How Negligence Causes Construction Site Accidents
Construction sites can be hazardous environments, and accidents can occur due to various forms of negligence. Here are some common ways negligence can cause construction site accidents:
- Failure to provide proper safety equipment
- Lack of safety training
- Improper site maintenance
- Defective or poorly maintained equipment
- Inadequate supervision
- Failure to follow safety regulations
- Improper site planning and design
- Lack of communication
To prevent construction site accidents caused by negligence, it is essential for all parties involved – employers, site managers, contractors, and workers – to prioritize safety, follow regulations, provide proper training and equipment, and maintain a culture of vigilance and responsibility on construction sites.
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Schedule NowHow a Boise Construction Accident Lawyer Establishes Negligence on a Construction Site
In Boise, Idaho, a construction accident lawyer will need to prove negligence on the part of the responsible parties to establish liability and recover compensation for their client’s injuries. Here’s how a skilled Boise construction accident lawyer may go about proving negligence on a construction site:
Establishing the Duty of Care
The lawyer must first demonstrate that the defendant (e.g., contractor, subcontractor, or property owner) owed a legal duty of care to the injured worker or individual. Construction companies and site managers have a duty to provide a reasonably safe work environment and follow applicable safety regulations.
Identifying the Breach of Duty
Next, the lawyer must show that the defendant breached this duty of care through their actions or inactions. This could involve citing specific safety violations, failure to provide proper training or equipment, or other negligent conduct that created an unreasonable risk of harm.
Proving Causation
The lawyer must establish a direct causal link between the defendant’s breach of duty and the plaintiff’s injuries. They may use expert testimony, accident reconstruction, and other evidence to demonstrate how the negligent acts or omissions directly led to the construction accident and resulting injuries.
Documenting Damages
Finally, the lawyer must provide evidence of the damages suffered by the plaintiff, including medical expenses, lost wages, pain and suffering, and any other economic and non-economic losses resulting from the construction accident injuries.
Evidence Your Boise Construction Accident Attorney May Use to Prove Your Claim
To prove negligence, a Boise construction accident lawyer may rely on various types of evidence, including:
- Safety records and incident reports
- Testimony from eyewitnesses, co-workers, or safety inspectors
- Photographic or video evidence of the accident scene
- Expert testimony from construction safety professionals or accident reconstructionists
- Maintenance and inspection records for equipment or machinery involved
- Applicable safety regulations and industry standards
By building a strong case and presenting compelling evidence of negligence, a construction accident lawyer in Boise can help injured workers or individuals hold the responsible parties accountable. Contact the team at Sargent Law by calling 844-SARGENT or contact us online to seek justice against the negligent parties that caused your injuries.
Damages Victims of Construction Accidents in Boise Can Claim in a Lawsuit
There are two categories of damages the victims of construction site accidents in Boise, Idaho, can claim: economic and non-economic. Here are some of the damages that fall into each category:
Economic damages include things like past and future medical costs, your lost income, or even your retirement benefits if you are no longer able to work due to your injuries. These damages involve specific dollar amounts, making them easier to quantify.
Non-economic damages are more difficult to quantify. For example, there is no exact amount the loss of your ability to enjoy your favorite activities is worth. Pain and suffering, loss of consortium, and compensation for scarring or disfigurement are examples of non-economic damages you could claim with the help of a Boise construction accident lawyer.
The Time Limit to File a Construction Accident Claim in Boise, Idaho
In Boise, Idaho, according to Idaho Statutes § 5-219, the time limit to file a construction accident claim, also known as the statute of limitations, is typically two years from the date of the accident that caused your injury. For wrongful death claims stemming from fatal construction accidents, the time limit is also two years.
It’s crucial to remember that missing this deadline can have severe consequences. If you don’t file your claim within two years, the court may dismiss your case, and you might lose the right to seek legal compensation. By seeking legal counsel promptly after your accident, you can ensure that your rights are protected.
How Much Does it Cost to Hire a Boise Construction Accident Lawyer?
Construction accident lawyers typically work on a contingency fee basis. This means the lawyer agrees to take a percentage of the final settlement or judgment you receive as their fee.
You typically don’t pay anything upfront unless the lawyer successfully recovers compensation for you.
This structure can be appealing, especially if you’re facing financial hardship after the accident. It takes the risk out of seeking justice during a time when the last thing you need is more pressure. If we don’t get a settlement or court award for you, you won’t have to pay us.
Steps to Take to Protect Your Boise Construction Accident Claim’s Value
If you are injured in a construction accident in Boise, you should take several important steps to protect your claim’s value. Making any of these mistakes could result in lower compensation – or no compensation at all:
- Seek medical attention immediately: Even if you don’t think you are seriously injured, it is vital to get examined by a doctor as soon as possible after the accident. This creates a record of your injuries and treatment and can help support your claim later on.
- Report the accident: Alert your supervisor and ensure the construction site manager files an accident report. Reporting is essential for worker’s compensation and insurance claims. Make sure details about how the accident happened are documented.
- Document evidence: Take photos of any unsafe conditions that caused the accident and any visible injuries you sustained. Also, obtain the contact details of witnesses or others at the scene. This evidence can help show liability later on.
- Consult a construction accident attorney: Speak with a Boise personal injury attorney with experience with construction injury cases. We can investigate fault, handle communication with insurance companies, and help you pursue compensation for medical bills, lost income, pain and suffering damages, and more.
- Focus on recovery: Follow all treatment plans from your physicians and focus on your recovery. Keep records of medical expenses and how the injury affects your life and work capacity. Don’t post any details of your case on social media.
Taking these key steps can impact your ability to receive fair compensation after being injured in a Boise construction accident.
It’s free to speak with us and learn the value of your case today.
Call Us NowGet a Free Consultation With a Boise Construction Accident Lawyer
If you or a loved one has been injured in a Boise construction accident, the experienced attorneys at Sargent Law urge you to get informed about your legal rights. We aren’t afraid to stand up to the insurance companies to fight for your fair compensation. Let us handle your claim and all communications throughout the process.
During a no-obligation consultation with our Idaho team, we can examine the circumstances behind your accident, determine viable grounds for a claim, advise you on the value of your damages, and customize a legal strategy to help you recover fair compensation. Call us at 844-SARGENT for a free consultation.
