When someone is hurt in a construction accident as a result of negligence, they may be entitled to compensatory damages. Compensatory damages in a construction case may include medical bills and lost wages. An attorney also may be able to recover non-economic compensatory damages for the injured person. Non-economic damages could include pain and suffering, disability, and loss of normal life. If a worker is injured on the job in a construction accident, they may be entitled to workers’ compensation. Damages differ in construction accident cases and workers’ compensation cases, so it may be important to talk to an experienced personal injury attorney about recovering damages in Oak Lawn construction accident cases immediately after being injured.
An injured person may be entitled to punitive damages following a construction accident. While compensatory damages are designed to make someone whole for their injuries, punitive damages are to deter misconduct and punish egregious conduct. Punitive damages may be awarded when a builder disregards a known dangerous condition and someone is injured. A builder also may be liable for punitive damages if someone is injured, they fail to repair the condition, and someone else is hurt. There is typically a high threshold to meet to award punitive damages. Punitive damages are not available in a workers’ compensation case. An attorney could assist a person to meet the requirements to pursue a liability case.
Before recovering damages in Oak Lawn construction accident cases, a person must prove that someone other than their employer was negligent. A construction accident may partially be the fault of the injured person. This is called contributory negligence. If someone is partially at fault for their own injuries, perhaps by not paying attention, they are contributorily negligent. A personal injury recovery will be reduced by the percentage of fault of the injured person. If someone is 25 percent contributorily negligent, their damages are reduced by 25 percent. In a workers’ compensation case, there is no contributory negligence. An employer could liable under workers’ compensation no matter how a workers’ compensation injury occurs.
There are many potentially liable parties in a construction accident case. The general contractor may be legally liable for negligence and is typically has responsibility for the job site and safety. There may be a separate subcontractor who may be liable for damages in a construction case. In many construction cases, there are several potentially responsible parties. It is important to identify all potential defendants when handling a construction accident case. An experienced attorney could help identify all potential sources of recovering damages in Oak Lawn construction accident cases.
It may be crucial to contact an experienced premises liability attorney immediately after an injury as possible. A person injured on someone else’s property may not be entitled to a recovery without meeting the standards of a negligence case. They may need to prove someone is at fault for causing them injury. A lawyer who handles premises liability cases could be in the best position to determine whether or not they have a case. They may be unsure of what caused their injury. A premises liability lawyer may the experience to determine negligence where a layperson may not and could help with recovering damages in Oak Lawn construction accident cases. The initial consultation with a premises liability lawyer may be free, so you could contact one to discuss your injury case.