You generally have a two-year timeframe for filing a construction accident lawsuit. However, the timeframe may vary based on how you were injured and the outcome of your accident. Taking legal action is a multi-step process that can last months or years from beginning to completion.
Every injury case is unique. The best way to understand your options and possible timeline is to let a lawyer handle it for you. The injuries you sustain in a construction accident can change your physical ability and appearance. A Columbus construction accident lawyer can help you explore your financial recovery options, so you can start rebuilding your life.
What Is the Personal Injury Filing Deadline for a Construction Accident?
If you are a construction worker injured on the job, you generally cannot sue your employer for damages. However, if third-party negligence caused your injury or your loved one’s death, or if you were injured on a construction site as a non-employee, you could be entitled to compensation via a personal injury insurance claim or lawsuit.
In Ohio, you generally have:
- Two years to file your personal injury lawsuit, according to Ohio Revised Code Section 2305.10
- Two years to file your wrongful death lawsuit, according to Ohio Revised Code Section 2125.02
The personal injury statute of limitations can fluctuate, making it hard to interpret and comply with. If a construction site accident lawyer represents you, they can help you avoid missing the deadline, which could inadvertently put your right to compensation at risk.
How Can Negligence Cause or Contribute to a Construction Accident?
Negligence-based construction accidents include machinery and equipment manufacturing flaws or malfunctions, fires, explosions, and electrical issues. Additional causes include improper employee training, motor vehicle accidents, and safety hazards.
To prove negligence caused your accident, your lawyer will identify its components:
- Duty of care: The at-fault party was responsible for keeping you safe.
- Breach of duty: The liable party failed in their duty to protect you from harm.
- Causation: The responsible party’s breach of duty of care caused a construction accident.
- Damages: You suffered financial harm as a result.
What Are the Steps for Filing a Personal Injury Claim for a Construction Accident?
After a construction accident, you should complete any medical care your injuries require. Stopping medical care early can lead to questions about the extent of your injuries. Filing a personal injury claim also means:
- Investigating the accident’s cause
- Collecting medical records and bills
- Identifying the at-fault party or parties
- Reporting your injury to the liable party’s insurer
- Submitting your collected evidence
- Depositions and discovery sessions
- Negotiating for a fair settlement
Each of these steps takes time. Your construction accident attorney will describe each phase and the potential timeframe of your case. You play an important role in the negotiation phase since the final decision to accept or reject a settlement is yours. Your personal injury attorney will weigh the feasibility of each offer and guide you toward a well-informed financial decision.
What Compensation Is Available if You File Your Claim on Time?
Personal injury compensation for a construction accident includes economic and non-economic damages. A personal injury lawyer can help you seek a fair settlement.
Your recoverable damages may include:
- Medical bills
- Rehab and therapy
- Loss of income
- Loss of earning potential
- Disability and disfigurement
- Pain and suffering
- Mental trauma
- Emotional anguish
- Loss of enjoyment of life
The loss of a loved one could entitle your family to wrongful death compensation. Damages could include funeral and burial costs and loss of financial and household support. You can also seek damages for loss of consortium, companionship, and guidance.
Is it Worth Hiring a Construction Accident Lawyer to File Your Claim?
You could attempt to prove the validity of your case and meet all its required legal parameters on your own. However, hiring a personal injury attorney can allow you to focus on healing without losing time on your claim. Your lawyer will:
- Investigate your accident
- Collect compelling evidence
- Consult expert witnesses
- Interview accident witnesses
- Draft and file your claim or lawsuit
- Handle all case-related communication
- Negotiate for the best possible settlement
Throughout negotiations, your construction injury attorney will field offers and make counteroffers when warranted. Your lawyer will also provide ongoing updates as your case develops.
What Evidence Can a Lawyer Collect to Support Your Compensation Request?
When filing a third-party lawsuit for compensation, you must prove the at-fault party was negligent. Your construction injury lawyer can typically accomplish this with the evidence they compile, such as:
- Lay witness statements
- Expert testimonials
- Medical records and bills
- Salary history records
- Accident scene and injury photos
Your lawyer will also collect internal incident reports and your police report, if you filed one. In addition, they may commission an accident reconstruction report to document the sequence of events before, during, and after the accident.
How Much Does it Cost to Hire a Construction Accident Lawyer in Ohio?
Personal injury lawyers typically work on a contingency fee basis. Their compensation is a percentage of your recovered damages. At no upfront or out-of-pocket cost to you, your lawyer will cover:
- Investigation costs
- Court filing fees
- Paperwork costs
- Expert consultations
Your construction accident injury attorney will cover all the costs of preparing your claim. If you do not receive any compensation, they will not charge you any fees.
Get Help Filing Your Construction Accident Claim
Construction accident claims can be complicated, and filing one alone can be stressful. When our law firm handles your case, we will take all the necessary steps for you, including clarifying the timeframe for filing a construction accident claim.
Learn more about your financial recovery options and how hard The Fitch Law Firm LLC will go to bat for you. Contact one of our team members to get your free consultation today.