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30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
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Irvine Construction Accident Lawyers: Advocating for Your Rights After a Construction Accident
Construction sites are among the most dangerous workplaces, often leaving workers and bystanders vulnerable to serious injuries. If you’ve been hurt in a construction accident in Irvine, you might feel overwhelmed and uncertain about your next steps. That’s where we can help. As a dedicated Irvine construction accident lawyer, we work to help individuals and families recover the compensation they deserve after life-changing incidents.
What Are Common Causes of Construction Accidents in Irvine?
Construction accidents can arise from various situations, many of which are linked to unsafe working conditions or negligence. Below are some of the most frequent causes of construction accidents in Irvine:
- Falls from Heights: Working on scaffolding, ladders, or roofs presents a significant risk of falls. When safety measures such as harnesses or guardrails are not properly used, workers can suffer serious injuries.
- Struck by Falling Objects: Construction sites often involve overhead work and heavy equipment. Tools, materials, or debris that fall from heights can strike workers below, leading to traumatic injuries.
- Equipment Malfunctions: Defective or poorly maintained equipment, such as cranes, forklifts, or power tools, can cause severe accidents. Employers and contractors have a duty to inspect and maintain equipment regularly.
- Trench Collapses: Workers in excavated areas or trenches face risks of being buried if proper safety precautions, such as shoring or trench shields, are not in place. These incidents can lead to suffocation or crush injuries.
- Electrocutions: Live wires, exposed circuits, and faulty electrical systems on construction sites create a serious risk of electrical shocks or burns, particularly when workers are not adequately trained or warned about the dangers.
- Slip and Trip Hazards: Uneven surfaces, wet floors, or improperly placed tools and equipment can lead to slips or trips, causing injuries ranging from minor sprains to more severe trauma like broken bones.
- Exposure to Toxic Chemicals: Many construction sites involve the use of hazardous substances like solvents, adhesives, or asbestos. Without proper protective gear, workers may suffer chemical burns, respiratory issues, or long-term health complications.
- Collapsing Structures: Partially constructed buildings, scaffolding, or support systems can collapse if not properly secured, trapping or injuring workers in the area.
Employers, contractors, and site managers have a responsibility to follow strict safety standards, including adhering to OSHA regulations and ensuring all equipment is in good working order. When these responsibilities are neglected, accidents can happen.
What Types of Injuries Do Construction Accidents Typically Cause?
Construction accidents often result in a wide range of serious injuries, each with its own challenges and impacts. Here are some of the most common injuries caused by construction accidents, explained in detail:
- Broken Bones: Fractures are common in construction accidents due to falls, heavy machinery, or collapsing structures. These injuries can require extensive medical treatment, including surgery and physical therapy, and may temporarily or permanently limit mobility.
- Burns: Burns can occur from exposure to chemicals, electrical hazards, or explosions. Depending on the severity, burn injuries may lead to scarring, long-term pain, and the need for reconstructive surgeries.
- Spinal Cord Injuries: Falls from heights or being struck by heavy objects often result in spinal cord damage. These injuries can range from herniated discs to full paralysis, significantly impacting a person’s independence and quality of life.
- Traumatic Brain Injuries (TBI): Head injuries are a serious risk on construction sites, often caused by falling objects or slips and falls. A TBI can lead to cognitive impairments, memory loss, and other long-term effects that disrupt daily life.
- Amputations: The use of heavy machinery and power tools can lead to severe injuries requiring the surgical removal of limbs. These catastrophic injuries drastically change a person’s ability to work and live independently.
- Soft Tissue Injuries: Sprains, strains, and tears are common in construction workers who engage in repetitive motions or are involved in accidents. These injuries may seem minor but can cause chronic pain and reduced mobility over time.
- Internal Organ Damage: Blunt force trauma from equipment or falls can cause internal injuries that are life-threatening and require immediate medical intervention.
These injuries can have profound effects on your ability to work, care for your family, and enjoy life as you once did. Some victims require ongoing medical care and rehabilitation, while others face permanent disabilities that change the course of their lives.
Who Can Be Held Liable for Construction Accidents?
Determining liability in construction accident cases can be complex. Liability may rest with property owners, contractors, subcontractors, or even equipment manufacturers. Each party has unique responsibilities for maintaining safety on-site, and failing to meet these obligations can lead to serious harm.
Our role as your Irvine construction accident attorney is to thoroughly investigate your case. We work to hold the appropriate parties accountable, ensuring that their negligence or oversight does not go unanswered. Whether it’s a failure to follow safety regulations or a defective piece of equipment, we identify the factors that contributed to your accident and fight for fair compensation on your behalf.
What Compensation Can You Recover After a Construction Accident?
Construction accident victims may face mounting medical bills, lost wages, and other challenges that can feel overwhelming. While every case is unique, compensation can often include costs for medical care, rehabilitation, and time away from work. If your injuries result in long-term disabilities, you may also be eligible for damages to address your future needs.
How Does Irvine’s Construction Industry Impact Safety Concerns?
Irvine’s rapid development and vibrant construction sector bring unique safety challenges. From residential neighborhoods to commercial districts, construction sites are constantly evolving to meet the needs of this dynamic city. Unfortunately, the pace of development can sometimes outpace safety protocols, increasing the likelihood of accidents.
As an Irvine construction accident lawyer, we understand the nuances of Irvine’s construction industry. This insight allows us to build stronger cases for those injured in these environments. Whether your accident was tied to a local project or a broader safety issue, we’re here to provide the legal support you need.
How Do We Help Construction Accident Victims?
At our construction accidents law firm Irvine, we approach every case with care and attention to detail. From the moment you contact us, you’ll work directly with a construction accidents lawyer who will guide you through the process. Unlike larger firms, we do not delegate your case to a case manager. Instead, you’ll receive personalized service from start to finish.
Our firm is proud to have award-winning attorneys who bring deep experience to every case they handle. With numerous client testimonials and positive reviews on our Google Business Page, we are a trusted source of legal support in Irvine. Our approach is proactive, professional, and tailored to your needs.
We also use cutting-edge technology to improve case outcomes. Our proprietary software streamlines case management and ensures you always have access to updates about your claim. These tools allow us to dedicate more time to providing the personal attention you deserve. If you’ve been injured in a construction accident, our team is ready to advocate for you with the professionalism and care you need during this challenging time.
IRVINE 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.
Can I still file a claim if I am an independent contractor rather than an employee?
Yes, independent contractors injured on construction sites may still have the right to file a personal injury claim. Unlike employees, independent contractors are not typically eligible for Workers’ Compensation benefits, but they can pursue claims against third parties such as property owners, contractors, or equipment manufacturers whose negligence contributed to the accident. As an Irvine construction accident lawyer, we assess your unique situation to determine liability and help you navigate your legal options. The law allows independent contractors to seek compensation for medical expenses, lost income, and other damages resulting from unsafe conditions or defective equipment on the job site.
What should I do if my employer is pressuring me not to file a claim?
If your employer discourages you from pursuing a claim after a construction accident, it’s important to understand that such behavior is unlawful. Your rights to seek compensation or hold responsible parties accountable are protected under California law. Employers may attempt to minimize their own liability, but this should not prevent you from taking action. Contacting an Irvine construction accident lawyer ensures you have the legal support to stand up to such pressure while protecting your rights. Our construction accidents law firm Irvine works to shield clients from these tactics and ensures they are treated fairly throughout the process.
How does Irvine’s local building and safety codes impact construction accident cases?
Irvine has strict building and safety codes designed to protect workers and the public from preventable accidents. Violations of these codes often play a key role in construction accident cases. For instance, failure to secure scaffolding or neglecting to implement adequate fall protection can result in severe injuries. Our construction accident attorney Irvine is well-versed in these local regulations and uses them to build stronger cases. By identifying where a violation occurred, we can demonstrate negligence and hold the responsible parties accountable for their actions or inaction.
Can I file a claim if the construction accident occurred on a public property?
Yes, you can file a claim if the accident occurred on public property, but cases involving government entities require special considerations. Claims against public entities in California, such as city or state agencies, must follow specific procedures, including filing a formal notice of claim within six months of the accident. This process can be complex and has strict deadlines. As your Irvine construction accident lawyers, we ensure your claim meets all necessary requirements while pursuing compensation for injuries caused by unsafe public construction sites. Whether the issue involves poor maintenance, defective materials, or lack of proper warnings, we are here to help.
GET TO KNOW OUR IRVINE CONSTRUCTION ACCIDENT LAWYERS
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SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
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- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
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- Best Lawyers Ones to Watch 2022
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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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6 Responses
My brother had a fall from a ladder last year, and I wish we’d known about the possibility of third-party claims back then. We only went through workers’ comp and didn’t realize there might’ve been other options for him. Do you find that many clients are surprised by how much compensation they’re actually entitled to? I’m glad you’re shedding light on this issue!
It’s very common for clients to be surprised by how much compensation they’re entitled to beyond workers’ comp. Many people don’t realize third-party claims are an option, especially if faulty equipment, contractors, or other external factors contributed to the injury. I’m glad this information is helpful—it’s so important to know all the avenues available for recovery.
Thank you for explaining third-party claims—this is something I wish I’d known about when my friend was injured on the job. Can these claims take longer to resolve than workers’ compensation cases?
Third-party claims can take longer to resolve than workers’ comp cases because they often involve more investigation, evidence gathering, and sometimes litigation. However, they can also result in significantly higher compensation since they cover damages like pain and suffering and lost future wages that workers’ comp doesn’t address. A lawyer can help manage the process and keep things moving efficiently.
My neighbor suffered a spinal injury on a construction site, and I saw firsthand how devastating it was for his family. How soon should someone contact a lawyer after an accident to make sure their rights are protected?
It’s best to contact a lawyer as soon as possible after an accident. This ensures evidence is preserved, deadlines for filing claims are met, and the injured party’s rights are protected from the start. Early legal advice can make a huge difference in building a strong case and relieving stress for the family during a tough time.