If someone is killed in a construction accident, the surviving family members can file a wrongful death lawsuit against those responsible. Wrongful death lawsuits allow the family to get compensation for the loss of a loved one.
Because each construct accident lawsuit case is unique, it could take several months or even years to settle a claim or complete a trial. A construction accident lawsuit involves the following steps;
Claim Assessment - When a claim is filed, an assessment is made to ensure you have a valid case, which involves examining accident details, evidence, damages suffered, medical expenses, cost of future care, and the negligence of the other party. This assessment is done during your free consultation.
Investigation - If you have a qualified case, a thorough investigation of the accident will begin immediately to preserve evidence. Negligent parties will also be notified, and demand will be issued for the preservation of all evidence, including photographs, equipment involved, road structures, construction company license, and other data.
File and Complaint - Once your evidence is preserved, a lawsuit will be filed against all parties who are deemed negligent in the accident.
Case Discovery - This is where case information is requested from the other parties, conduct depositions, interview witnesses, and obtain expert analyses, accident reconstruction, and medical evidence to build a solid case.
Begin Mediation - Victims and defendants will attend mediation to determine if a fair settlement can be reached. During mediation, a negotiator will attempt to make a settlement to compensate for pain, suffering, and other damages. The majority of accident lawsuits will settle before going to trial.
Go to Trial - If no settlement can be reached in mediation, the lawsuit will proceed to trial. A jury or judge will hear the case. Attorney's will present evidence and participate in closing arguments.
Settlement -The judge or jury will then determine fault and decide on the amount of compensation to award for your losses.
Whether a minor or a severe construction accident, lawsuits can take a long time to reach financial settlements. Most states allow plenty of time between an accident and the deadline for filing a lawsuit. Injured victims should contact a construction accident lawyer for advice on when to file.
Understanding Your Statutes of Limitations
Every state is different regarding construction accidents and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you're concerned about your Statute of limitations timeline, a free case evaluation will help you understand your options.
The time you have to pursue a claim is limited.
