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After a construction accident, it is normal to feel overwhelmed and confused. While you are recovering from your injuries, let the compassionate Escondido construction accident lawyers at Sargent Law Firm help you recover financially. We are dedicated to pursuing justice and fair compensation for our clients injured in construction incidents. Contact our office to arrange a free consultation today.
An Escondido Construction Accident Can Create Serious Long-Term Challenges
Catastrophic injuries are common in construction accidents, where heavy equipment and dangerous outdoor environments combine to create especially hazardous conditions. Injuries we have seen in construction accident claims include:
- Spinal cord injuries
- Traumatic brain injury (TBI)
- Back and neck injuries
- Broken bones
- Cuts, scrapes, and lacerations
- Soft tissue damage
- Electrocution
- Burns
- Respiratory injury
- Face and eye injuries
At Sargent Law Firm, we know how even minor injuries can create significant physical, mental, and financial difficulties. We are here to help you navigate the recovery process and secure the maximum possible settlement or judgment for your losses.
Pursuing Workers’ Compensation Benefits After a Construction Accident in Escondido
Construction workers injured on the job typically have a legal right file a workers’ compensation claim. If you have trouble reporting your injury or your claim is denied, Sargent Law Firm’s workers’ compensation attorneys can help you gather documentation and file an appeal.
Benefits You Could Seek Through a Workers’ Comp Claim
Workers’ compensation claims for construction injuries let you recover financial compensation for medical expenses and lost work. If your injuries result in temporary or permanent disability, you may receive compensation for a portion of your lost income.
California’s workers’ compensation program also provides vocational rehabilitation. If you cannot return to your previous job due to your injuries, workers’ comp may cover your education or training for a new career or position.
Finally, workers’ compensation may provide death benefits to the worker’s spouse or dependents if the worker dies from their construction accident injuries.
Deadlines for Filing a Workers’ Comp Claim
Per Cal. Lab. Code § 5400, you should inform your employer as soon as possible after the injury occurs, no later than 30 days from the injury date. If your injury is cumulative, you may also seek compensation within 30 days of the date you first see a doctor for the injury.
Workers’ compensation claims are only available to employees whose employers have workers’ comp coverage. If your construction accident injuries fall under workers’ compensation, you cannot pursue a lawsuit against your employer. Contact Sargent Law Firm’s construction accident attorneys in Escondido to learn whether a workers’ compensation or personal injury claim applies to your situation.
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Schedule NowFiling a Third-Party Personal Injury Claim Following an Escondido Construction Accident
If you are a third-party contractor, subcontractor, visitor, or other person not directly employed by the responsible party, you cannot file a workers’ comp claim. However, you do have the option to file a personal injury lawsuit against the responsible party. Unlike workers’ compensation, a third-party lawsuit requires proof of fault. Sargent Law Firm’s skilled legal team can conduct a thorough investigation into your construction accident.
Our legal team works to learn how the accident occurred, and whether it was caused by another party’s negligence. For instance, if the construction company failed to meet Occupational Safety and Health Administration (OSHA) requirements for fall protection, they could be liable.
We identify all the responsible parties and hold them accountable for the losses you suffered. At Sargent Law Firm, we leave no stone unturned when it comes to seeking justice on behalf of our clients.
Damages You Could Seek Through a Third-Party Construction Accident Lawsuit
A construction accident injury creates unique challenges for every victim. Depending on your injuries, you may be in recovery for months or years. Our Escondido construction accident attorneys understand all the unexpected ways a construction injury can compromise you and your loved ones. We aim to recover the full scope of your losses, both economic and non-economic.
Economic Losses
Economic losses include the tangible financial losses you can quantify using invoices, receipts, estimates, and other documentation. Our legal team gathers documentation pertaining to your case and uses it to calculate the full value of your economic losses, which may include:
- Medical costs
- Reduced income potential
- Loss of income
- Loss of business
Non-Economic Losses
The physical and financial consequences of a construction accident are often dire. The secondary effects can be equally debilitating. Our construction accident lawyers in Escondido aim to recover compensation for these losses as well. These non-economic damages may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
- Quality of life
No matter how your injuries have affected your life, you and your family should not have to suffer for someone else’s negligence. Sargent Law Firm’s Escondido construction accident attorneys can guide you through the legal process and assist you with recovering the compensation you deserve.
Statute of Limitations for a Personal Injury Claim
Generally, you must file a personal injury lawsuit against the responsible party within two years of the construction accident, per CCP § 335.1. This time frame can vary depending on your accident’s details. Speak with our skilled construction accident lawyers in Escondido to learn which deadlines apply to your claim.
Filing a Wrongful Death Claim
If you lost a close family member or loved one to a construction accident due to someone’s negligence, you could pursue a wrongful death claim. Wrongful death lawsuits allow the victim’s loved ones to recover financial compensation for the following losses:
- Funeral expenses
- Burial costs
- Medical bills prior to the decedent’s death
- Pain and suffering
- Lost income
- Emotional distress
- Loss of love and support
- Loss of companionship
At Sargent Law Firm, we understand the toll a construction accident can take on you and your loved ones. Whether you need assistance with a workers’ compensation appeal, personal injury lawsuit, or wrongful death claim, our Escondido construction accident lawyers have the knowledge and resources to help.
Providing Compassionate Legal Support Throughout Your Escondido Construction Accident Case
When you work with Sargent Law Firm, you benefit from the knowledge and experience of a dedicated team of construction accident attorneys. We can handle every aspect of your construction accident claim, while you focus on recovering.
Our firm is customer-oriented and focused on securing maximum compensation for your losses. We use our tried-and-true seven-step process to make working with us as easy as possible.
Step 1: Free Case Review
Sargent Law Firm provides a free legal consultation for your construction injury claim. One of our Escondido construction accident lawyers hears your story and reviews your case details. Based on your case information, we advise of your legal rights and options.
Step 2: Hire Us
If you have grounds to pursue a construction injury case, we offer to represent you in your workers’ compensation appeal or personal injury claim. Once you sign up with us, we immediately take on all work related to your case, including correspondence, evidence gathering, and legal filings.
Step 3: Case Plan
Our legal team works collaboratively to gather documentation, witness statements, videos, and other evidence to establish how your construction accident occurred. If your case is under workers’ comp, we prepare an appeal plan to help you receive the benefits you are owed. If your case requires a third-party lawsuit, we gather evidence to prove fault and establish negligence.
Step 4: Medical Treatment
While we prepare your case, we can help you navigate the healthcare system. We have relationships with medical professionals who can provide the treatments you need, even if you do not have insurance coverage.
Step 5: Negotiations
Sargent Law Firm’s construction accident attorneys in Escondido are skilled negotiators. We do not stand down when it comes to defending a client’s right to fair compensation. Our team aggressively negotiates with workers’ compensation insurance adjusters, employers, construction companies, liability insurance providers, and other parties involved in the case.
Step 6: Settlement
During negotiations, our dedicated Escondido construction accident lawyers focus on securing the maximum possible settlement for the full scope of your losses. We do not settle for less than our clients deserve.
Step 7: Litigation
If we cannot achieve a reasonable settlement during negotiations, we may file a lawsuit against the responsible party and their insurance company. Workers’ compensation claims that escalate beyond the initial appeal may also require hearings and other court proceedings.
Whether your construction accident requires a third-party lawsuit or a workers’ compensation claim, we can guide you through the legal process and represent your interests in appeals, hearings, arbitration, and trial proceedings.
It’s free to speak with us and learn the value of your case today.
Call Us NowSchedule a Free Case Review With a Construction Accident Attorney in Escondido
At Sargent Law Firm, we are dedicated to providing personalized representation for every client. We understand the challenges you face after a construction accident. We help you meet those challenges by providing skilled guidance and advocacy throughout your construction accident claim.
With more than $40 million in settlements, judgments, and verdicts recovered on behalf of personal injury clients, Sargent Law Firm has established a track record for success. Let us leverage our knowledge and experience to secure the settlement you deserve. Contact us today to speak with an Escondido construction accident lawyer and learn how we can help.
