Personal Injury

Construction Accidents

On a construction site, just about any type of accident and injury can occur. Construction sites have been notoriously known as one of the most dangerous workplaces, and in the United States about one in every five fatal injuries happen on construction sites, as recorded by OSHA (Occupational Safety and Health Administration) in 2010. There are four injuries that OSHA has as fatal, and they are electrocutions, being struck by an object, falls, and being caught in or between. These four injuries account to an estimated 400 deaths every year, and sadly these are preventable. When safety measures are not taken or practiced and these injuries occur, they can be grounds for a personal injury claim.

According to the website of Hach & Rose, LLP, construction workers in the United States who are injured while working does not have legal access to benefits aside from worker’s compensation. If the injured worker believes that the injuries were too great and the worker’s compensation benefits that is provided is not enough or unfair for them, they can file for a personal injury lawsuit against the company or the person who caused the accident. It is best to have the injured worker be informed about their rights as well as alternatives that could provide then compensation following an accident on the job. Whether being a member of the worker’s union or not does not really matter.

Employers and the whole company can be affected when an injured worker files for a personal injury claim against them. A lot of construction injuries and accidents often lead to personal injury lawsuits, and because these lawsuits are complicated and intricate, it helps to have a Louisville personal injury lawyer. Injured workers could greatly benefit from the help and guidance of a Louisville personal injury lawyer since the judicial landscape is very hard to navigate on your own. Oftentimes, the result of a personal injury claim depends on the capacity of the lawyer to effectively fight and represent your case on court.

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Whose Fault Was the Accident?

When car accidents occur, it may be easier to settle the compensation claims when two vehicles are involved and the negligent driver is determined. For many personal injury claims, the most important thing is to know who is at-fault and the laws that pertain to your state to determine how compensation will be given. This is the reason why car accidents involving poor road conditions can take time to be solved.

According to the website of injury attorneys Crowe & Mulvey, there are many ways that poor road conditions can attribute to road accidents – erosion, faulty designs, broken traffic lights, missing guardrails, pot holes, and many other road defects can all lead to serious road accident. Whether an injured driver can sue can be a complicated matter, because the plaintiff must be able to prove that the poor road conditions are the cause of the accident and injuries. With all of the factors that go into driving a car, this can be astonishingly difficult. Additionally, because roads are kept up by cities, counties, and states, along with other government agencies, it is important for the plaintiff to fully determine who is responsible for maintaining the roads that caused the accident. Suing the wrong government agency can put your case in limbo, where it may be doomed to failure. Not only does determining who is responsible for road maintenance important, it also helps in that is makes it more clear the ones responsible can be sued for damages and compensation.

Once the plaintiff and their lawyers have determined who is responsible for the accident, it should follow that they should demonstrate the agency liable was negligent and failed to perform their duties of ensuring road safety. Should it be proven that the agency concerned could and should have, but chose not to, repair or clear the roads to ensure the safety of the motorists, then they can be held liable for damage and compensation. Likewise, if the agency has built the road in a faulty or dangerous manner, then they should be held liable.

It may be difficult to prove that the poor road conditions are what caused the accident and injuries, especially if there are no witnesses and police reports to present as evidence. The main reason why finding legal help, according to the website of Habush Habush & Rottier S.C.®, is to ensure that your rights are protected and that your claim will not be denied.

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