Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party’s insurance carrier and/or a personal injury lawsuit against the at-fault party.
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:
Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:
A product liability lawyer near you should be able to provide you with additional information.
There are a handful of parties that can be held responsible for construction accidents, which include:
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.
People injured at construction sites can suffer different types of injuries, including:
Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.
In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.
Recoverable economic damages in a construction accident include:
Recoverable non-economic damages in a construction accident include:
In case the defendant’s acted with malice, extreme recklessness, intentional or fraud, or oppression the plaintiff can also be entitled to punitive damages.
If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS LAW at (310) 943-1171 for a free consultation and case review.
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