How Does a Personal Injury Claim Work?
All personal injury claims include four elements that have to be proven for a successful personal injury claim. These elements include:
Breach of duty
The injured person is referred to as the plaintiff, while the person identified as responsible for causing the plaintiff’s injuries is the defendant.
In order to establish negligence, the plaintiff must prove that the defendant owed them a duty to use reasonable care and skill at the time of the accident. Next, the plaintiff must demonstrate that the defendant breached the duty of care, resulting in the plaintiff’s injuries. Hence, the plaintiff must show that they probably wouldn’t have been injured if the defendant had not breached their duty of care.
Defendants may not be required to pay compensation if they can prove that another cause existed, such as weather conditions or the plaintiff’s negligence.
Lastly, the plaintiff must provide evidence supporting the amount of compensation they are seeking. You will have to provide receipts, invoices, and other documentation for your expenses if you want to claim compensation.
It is not easy to establish these elements. Therefore, personal injury lawyers can assist the plaintiff in determining the negligent party in order to have a successful personal injury claim and receive proper compensation.
Can a Sue for Damages After a Construction Injury?
In Missouri, accepting a workers’ compensation claim waives your right to sue your employer. However, there are several exceptions to this rule. As an alternative or in addition to workers’ compensation, you may be able to sue for damages caused by your injuries in court.
The following are situations where you can sue for damages after a construction site injury:
As a result of defective machinery, tools, equipment, or products, you are entitled to sue the manufacturer.
If the injury occurred due to intentional conduct, you are entitled to file a lawsuit against the responsible party.
You may sue for damages if your employer does not carry workers’ compensation insurance.
If a negligent third party causes you harm, such as a driver who hits you, they may be held liable.
Missouri law allows workers to file a personal injury lawsuit against a negligent third party after five years in the case of workers’ compensation. Workers must report their injuries within 30 days of the accident and formally file their claim within two years of the accident.
Springfield personal injury attorneys are available to assist you if you feel you have grounds for a lawsuit against a third party in your injury. Reach out to us at Buchanan, Williams & O’Brien for a free case evaluation to determine whether you have grounds for a lawsuit against a negligent third party.
How Can Springfield Construction Accident Lawyers Help With Springfield Construction Accidents?
Each construction site injury case is unique, so a personal injury lawyer would know what to look for and how to determine the cause and the negligent party. Additionally, there are filing deadlines you may not be aware of.
Worker’s compensation attorneys can assist you in filing a claim and navigating the complicated procedure. Buchanan, Williams & O’Brien attorneys will assist you from the onset of our relationship by:
Establishing the evidence that supports your claim
Making sure you are aware of your Missouri legal rights
Taking care of negotiations with the insurance company
While you focus on your recovery, your personal injury attorney will contact the insurance companies, gather all the necessary documentation, and obtain a police report.
Get started with your construction accident case by scheduling a free consultation with Buchanan, Williams & O’Brien!
Contact Buchanan, Williams & O’Brien for Construction Accident Help!
The risk of falling is always present during construction work, along with electrocution accidents and other serious injuries.
While construction sites pose safety risks, property owners and managers are still responsible for repairing or warning of any hazardous conditions. Property owners and managers are responsible for ensuring it’s safe for employees and people who visit their properties.
Premises liability attorneys might be able to help you file a claim if you were injured due to hazards that weren’t clearly marked off, electrical wires that weren’t covered, or preventable causes.
Having handled countless personal injury cases over the years, Buchanan, Williams & O’Brien’s attorneys have extensive experience in handling these kinds of cases. Our construction accident lawyers can handle all types of construction accidents, including OSHA violations, fires and burns, falls from ladders and roofs, electrocution, and electrical shocks.
Frequently Asked Questions
How Do I File a Lawsuit for a Construction Accident in Missouri?
When filing workers’ compensation claims, specific steps must be followed, and experienced personal injury lawyers can ensure you follow them. An attorney can also negotiate with the insurance company since their first offer tends to be less than required.
Hiring an attorney can help you obtain the maximum compensation possible if you believe you have a negligence case.
What Happens If a Worker Dies on a Construction Site?
By law, construction sites and other business establishments are required to notify OSHA that an employee has died on the job. Businesses also have to notify the deceased employee’s family or request that a police officer conducts the notification of next of kin.
Work-related accidents typically result in a surviving spouse or dependent child receiving benefits from the insurer or employer.