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How Construction Accident Lawyers Can Assist You?
Construction sites are inherently dangerous environments. Despite the rigorous safety protocols often put in place, accidents can still occur. When they do, the results can be devastating for workers and their families. If you’ve been injured on a construction site, you may be wondering what your next steps should be. This is where a construction accident attorney can be your greatest ally. Armed with a deep understanding of the laws surrounding workplace injuries, a construction accident attorney can help you navigate the complex legal landscape to help you access compensation for your injuries.
The Role of Construction Accident Attorneys
Construction accident attorneys focus on cases where workers are injured on construction sites. These professionals have an in-depth understanding of the laws and regulations that govern workplace safety, workers’ compensation, and personal injury claims. Some examples of incidents that they handle include the aftermath of a crane accident, a fall from scaffolding, or a forklift mishap.
One of the primary benefits of working with a construction accident attorney is their ability to handle the legal complexities of your case while you focus on your recovery. They take on the burden of gathering evidence, interviewing witnesses, and negotiating with insurance companies to help you pursue the maximum compensation for your injuries. Moreover, construction accident attorneys often work on a contingency fee basis, meaning they only get paid if you win your case. This can provide you with peace of mind during a stressful time.
Filing a Construction Accident Lawsuit
Filing a lawsuit after a construction accident can be a daunting process, but it is often necessary to obtain compensation for your injuries. The first step in filing a construction accident lawsuit is to consult with a construction accident attorney. During this initial consultation, the attorney will review the details of your case, including the circumstances of the accident, the severity of your injuries, and the parties that may be liable.
Once you decide to proceed with a lawsuit, your construction site injury attorney will begin the process by filing a complaint in court. This document outlines the legal basis for your claim and the damages you are seeking. After the complaint is filed, the legal process moves into the discovery phase, where both sides gather evidence and take depositions. Your attorney will work diligently to collect medical records, safety reports, and witness statements to help build a strong case on your behalf.
If the case does not settle during negotiations, it may go to trial. Here, your construction site accident attorney will present your case to a judge or jury to argue for compensation. The outcome of a trial can never be guaranteed, but having a knowledgeable attorney on your side makes a difference in the quality of your legal service.
Common Injuries in Construction Accidents
Construction sites are filled with potential hazards which makes them one of the most dangerous workplaces. The injuries sustained in construction accidents can range from minor cuts and bruises to life-altering disabilities. Some of the most common injuries handled by construction accident law firms include:
- Traumatic Brain Injuries (TBI): Falls from heights, being struck by falling objects, or being involved in vehicle accidents on-site can lead to serious head injuries. A construction accident attorney is helpful in these cases, as TBIs often require long-term medical care and rehabilitation, which can be costly for the victim.
- Spinal Cord Injuries: Falling from scaffolding, ladders, or other elevated surfaces can result in severe spinal cord injuries which may lead to paralysis or other permanent disabilities. Construction site accident lawyers can help you pursue the compensation needed for ongoing care and adaptation to new life circumstances.
- Broken Bones: The nature of construction work means that workers are constantly at risk of falling, getting trapped between objects, or being struck by heavy machinery. Broken bones are common and can take weeks or months to heal.
- Amputations: Machinery accidents, such as those involving forklifts or cranes, can result in the loss of limbs. A crane accident attorney or forklift injury attorney can assist you during these instances.
- Burns and Electrocution: Construction sites are rife with electrical hazards, and workers may also be exposed to flammable materials. Burns and electrocutions are among the most severe injuries, often requiring extensive medical treatment and rehabilitation.
How Construction Accident Lawyers Benefit You
The aftermath of a construction accident is overwhelming, with medical bills piling up and the prospect of lost wages looming. A construction accident law firm can guide you through some of the most challenging times in your life.
One of the key benefits of working with a construction injury lawyer is their ability to identify all potential sources of compensation. In addition to workers’ compensation, which typically covers medical expenses and a portion of lost wages, there may be other avenues for compensation. For example, if your accident was caused by a third party—such as a contractor, equipment manufacturer, or property owner—a construction injury attorney can pursue a personal injury claim against them.
Furthermore, construction site accident attorneys are skilled negotiators. They know how to handle insurance companies that may try to minimize your claim or deny it altogether.
Why Choose Gosuits for Your Construction Accident Case
We are a full-service legal practice with a deep commitment to our clients’ needs. Our team of construction accident attorneys combines competence and proficiency to provide exceptional legal representation. Mr. Hashemi the partner of the firm is a civil engineer who understands city codes, Osha laws, employment laws, and what is needed to have a safe work environment. The violation of these laws and negligence are what causes work injuries. We recognize the financial strain that a serious accident can place on you and your family, which is why we offer our services on a contingency fee basis. We have successfully integrated proprietary software that not only expedites your case but also offers you access to your attorneys and case files.
CONSTRUCTION ACCIDENT INJURY 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 should I do immediately after a construction accident?
Seek medical attention right away, even if your injuries seem minor. This is because some symptoms may not manifest immediately, and early treatment can prevent complications. Additionally, getting prompt medical attention helps establish that your injuries were indeed caused by the accident, which can be crucial if insurance adjusters later try to challenge the cause of your injuries. Then, report the accident to your supervisor and contact a construction accident attorney to discuss your legal options.
How long do I have to file a construction accident lawsuit?
The statute of limitations varies by state, but generally, you have a limited time after the accident to file a lawsuit, most states that is 2 years. Consult with a construction accident law firm in your state as soon as possible.
Can I sue my employer for a construction site injury?
In most cases, workers’ compensation laws prevent you from suing your employer directly. However, a construction injury attorney can help you explore other avenues for compensation, such as third-party claims.
What if the construction accident was partly my fault?
Even if you were partially at fault, you might still be eligible for compensation depending on how the incident happened. A construction site accident attorney can help assess the situation and determine the ideal course of actio
How much does it cost to hire a construction accident attorney?
Most construction accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue justice without worrying about upfront legal fees.
GET TO KNOW OUR CONSTRUCTION ACCIDENT INJURY LAWYERS
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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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