30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE CALIFORNIA CONSTRUCTION ACCIDENT LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR CALIFORNIA CONSTRUCTION ACCIDENT LAWYERS
3 EASY STEPS TO HIRE A CALIFORNIA CONSTRUCTION ACCIDENT LAWYER
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CALL AN
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2
GET FREE CASE
EVALUATION
3
LET THE SMART
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THE REST
COMMUNITY AND FIRM EVENTS
Here at Gosuits we understand that being a part of the community means more than just providing legal services. Whether we are participating in a community event or hosting a firm event, our goal is always the same: to build strong relationships with the people we serve and to make a positive impact in our community.
California Construction Accident Lawyers: Your Guide to Handling Complex Claims
California’s construction industry is essential for economic growth, yet it remains one of the most dangerous fields for workers. Injuries from falls, electrocutions, heavy equipment malfunctions, and exposure to hazardous materials are common, each with the potential to cause life-altering harm.
State laws and federal regulations are in place to minimize these dangers, yet negligence, faulty equipment, or improper safety practices often result in preventable accidents. Understanding the role of a California construction accident lawyer is important in these cases. Construction accident law involves both state and federal statutes, including specific safety requirements under the Occupational Safety and Health Administration (OSHA) and California’s Division of Occupational Safety and Health (Cal/OSHA). These regulations outline employer obligations to provide safe working environments, adequate training, and proper safety equipment. When these requirements are not met, and workers are injured as a result, they may have the right to pursue a construction accident lawsuit in California.
Types of Construction Accidents and Injuries in California
Construction accidents in California vary widely depending on the type of site, machinery, and tasks involved. Falls from scaffolding or ladders, struck-by accidents from falling objects, accidents involving construction vehicles, and electrocutions from live wires are among the most common. Injuries can range from fractures, spinal cord injuries, brain injuries, to even fatalities. Our firm, as construction accidents attorneys in California, understands the nuances of these cases and provides quality legal representation to each client to help navigate the complexities of construction accident law.
Determining Liability in California Construction Accident Cases
Determining who is liable in a construction accident case is often complex, as responsibility may rest with various parties. The construction company, contractors, subcontractors, property owners, equipment manufacturers, or even other workers may all bear some responsibility. California construction site accident lawyers have a thorough understanding of liability laws and work to identify who is at fault. We gather evidence to demonstrate that the responsible party or parties acted negligently, whether by failing to implement proper safety measures, not maintaining machinery, or neglecting to enforce safety protocols. California law holds these parties accountable under premises liability, product liability, and personal injury statutes, allowing injured workers to pursue compensation with the help of a construction accident attorney in California.
Navigating Compensation Options After a Construction Accident
In California, construction accident victims may have multiple avenues to pursue compensation. Workers’ compensation benefits cover medical bills and partial lost wages for injuries sustained on the job, regardless of fault. However, these benefits may not fully cover all the costs associated with an injury, particularly when the damage is long-term or disabling. Injured parties may also have the option to file a third-party claim if someone other than their employer contributed to the accident. This may include equipment manufacturers, subcontractors, or other third parties.
Handling Insurance Companies in Construction Accident Cases
Dealing with insurance companies after a construction accident can be challenging. Insurers may try to minimize claim payouts or deny claims altogether. Our firm has experience handling insurance negotiations and we work to maximize compensation. We understand the tactics insurers use to reduce settlements and advocate on our clients’ behalf. As construction accident lawyers in California, we work closely with our clients to document their injuries and losses, often involving witnesses to support claims and illustrate the accident’s impact.
California’s Statute of Limitations for Construction Accident Cases
Under California law, individuals typically have two years from the date of the accident to file a personal injury lawsuit. However, there are exceptions, particularly if the injury was not immediately apparent. Seeking guidance from a construction accident law firm in California as soon as possible ensures that injured parties do not miss critical deadlines and can pursue their claim within the required time frame. Missing these deadlines may result in a forfeiture of the right to seek compensation, making prompt action essential.
Let Us Guide You to Justice: Schedule a Consultation Today
As a distinguished law firm, we understand that a personal connection with your attorney can make a profound difference in the outcome and experience of your case. Unlike larger firms that might pass your case off to a manager, we provide every client with dedicated, hands-on attention from one of our attorneys who will be with you at every stage.
Our clients consistently highlight the personalized experience they receive with us, as reflected in the numerous testimonials and positive reviews on our Google Business Page. We’re available 24/7 to answer your questions, address your concerns, and keep you updated on your case’s progress, making sure you always feel seen, heard, and valued.
At Gosuits, we have successfully integrated machine learning and proprietary software into our processes, and we’ve redefined what it means to advocate for clients effectively. This technology allows us to expedite cases and improve outcomes, giving you the peace of mind that we’re leveraging every tool possible to pursue the results you deserve.
Our firm operates on a contingency basis, meaning there’s no upfront cost to you, and we only receive payment when we win your case. For dedicated, knowledgeable representation from attorneys who truly care, we invite you to schedule a consultation today to discuss your options.
CALIFORNIA CONSTRUCTION ACCIDENT LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
What makes construction accident laws in California unique compared to other states?
California has extensive safety regulations specific to the construction industry, including unique seismic standards and eco-friendly building requirements. Construction projects in California must comply with these rules, which aim to ensure worker safety and environmental sustainability. For example, buildings in California are often required to meet earthquake-resistant standards, adding additional safety protocols that may impact liability in construction accident cases.
Can I file a lawsuit for a construction accident if I am receiving workers' compensation benefits?
Yes, you may still be able to file a lawsuit even if you are receiving workers’ compensation benefits. Workers’ compensation generally covers basic benefits, but it limits claims against your direct employer. However, if a third party, such as a subcontractor, equipment manufacturer, or property owner, was partially or fully responsible for your accident, you can file a third-party claim. This is a common scenario in California, as multiple contractors often work on the same site, each responsible for specific safety measures.
How does California law determine fault in a multi-employer construction site accident?
California construction sites often involve multiple employers and contractors, making fault determination complex. Under California law, each party’s responsibility is assessed individually, considering factors such as each party’s role, contractual obligations, and compliance with safety standards. For example, the general contractor may be responsible for site-wide safety protocols, while subcontractors may be liable for the equipment and practices directly under their control.
Are there special protections for road and highway construction workers under California law?
Yes, California has additional protections for road and highway construction workers to reduce the risks associated with these high-traffic environments. These protections include mandatory traffic controls, specific safety equipment, and protocols designed to prevent accidents caused by passing vehicles. If these measures are not properly implemented, a California highway construction accident lawyer can help injured workers seek compensation by demonstrating that safety protocols were neglected or improperly executed.
Can I pursue a claim if my injury was caused by defective equipment at a construction site?
Yes, California law allows injured workers to pursue claims against equipment manufacturers if faulty equipment contributed to the accident. Construction accidents caused by defective machinery, such as cranes, power tools, or scaffolding, may involve both product liability and construction accident law. In such cases, a construction accident claims lawyer in California will investigate the equipment’s design, manufacture, and maintenance records to build a case, potentially holding the manufacturer accountable for damages if their product failed to meet safety standards.
GET TO KNOW OUR CALIFORNIA CONSTRUCTION ACCIDENT LAWYERS
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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* Best Lawyers Ones to Watch 2022 – Sean Chalaki
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