Suing for Damages in a Construction Site Accident
March 17, 2023
Every day, lots of construction projects are being executed in Illinois and across the United States. However, where there is construction, workers and other individuals on the worksite may be exposed to site accidents and other hazards. Under Illinois laws, a person injured in a construction site accident may be eligible to seek damages through a claim or lawsuit.
For more than 45 years, I have devoted my career to handling personal injury cases and representing clients in their construction site accident claims. As an experienced Illinois personal injury attorney, I can review every aspect of your personal situation, explore your options to recover damages, and help you seek the financial justice you deserve. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.
Common Causes of Construction Accidents
Here are some of the most common causes of construction site accidents and injuries in Illinois:
OSHA's Fatal Four hazards – struck by an object, falls, caught in/between situations, and electrocution (electrical exposure).
Collisions with support beams
Inadequate protection for site workers on elevated structures or trenches
Tripping hazards from debris, rubble, and other construction materials
Missing protection or guards on power tools
Poorly constructed scaffolding
Inadequate safety precautions when working close to power lines
Unsafe conditions of the property or construction site
An experienced Illinois construction site accident attorney can review every aspect of your case and determine the possibility of suing for damages.
When Can You Sue for Damages for a Construction Site Injury?
Furthermore, you may be able to sue the responsible party for your construction site accident or injury if the incident happened due to any of the following reasons:
You were injured by the negligent workers of the construction company.
Your employer didn't adhere to the necessary safety requirements.
The property owner didn't warn you about the unsafe condition of the building.
You were injured by faulty, defective, or unsafe equipment.
You were injured by a third party, such as a subcontractor.
If you or a loved one were hurt in a construction site accident, you should get in touch with a highly-skilled personal injury lawyer right away. Your legal counsel can work to identify the at-fault party and help determine the best course of action.
Who Can Be Held Liable?
Depending on the surrounding circumstances of the construction site accident or injury, any of the following parties or entities may be held responsible:
The property owner
The construction company
The contractor or subcontractor
Equipment, machine, or parts manufacturer
The building engineer
The government or municipality agency responsible for maintaining the building
A trusted lawyer can help determine the liable party, pinpoint your available options for recovering damages, and help you pursue the maximum possible damages for your injuries.
Suing for Damages in a Construction Site Accident
Additionally, Illinois operates using the "modified comparative negligence" system, with a 51% bar. Under the system, an injured person will be eligible to recover damages if the other party was found to be mostly (51% or more) responsible for the construction site accident or injury. However, the total compensation that the claimant may recover will be reduced by their fault degree.
For instance, if the court awarded $90,000 in total damages against the at-fault party but found you to be 10% responsible for the worksite accident, your compensation would be reduced by $9,000. You will only receive 90% of $90,000 ($81,000). According to Illinois's modified comparative negligence rule, you will be barred completely from seeking damages if you were mostly (51% or more) at fault for the construction site accident or injury.
Can a Family Member Sue for Wrongful Death?
However, when a construction site accident causes the victim's death, their surviving loved ones may be entitled to seek wrongful death benefits. According to Illinois Wrongful Death Act, only the personal representative or executor of the decedent's estate may bring a wrongful death claim.
Also, the compensation received must be for the exclusive benefit of the decedent's surviving spouse and next of kin. A dependable Illinois wrongful death attorney can help file your claims and recover the rightful financial compensation for your loss.
Protecting Your Rights Every Step of the Way
Being involved in a construction site accident can be a devastating experience and can affect you emotionally, financially, and physically. Regardless, you don't have to suffer the financial challenges and liability alone. At James P. Leahy Attorney At Law, I provide compassionate representation and reliable legal direction to clients in their construction site accident cases.
As your legal team, I can evaluate the magnitude of your injuries, help establish liability, and walk you through the claims process. In addition, I will fight diligently to protect your legal rights, hold the responsible party accountable, and help you seek fair financial compensation for your injuries, damages, or losses.
If you or someone close to you were hurt in a negligent construction site accident, you may recover damages. Contact me at James P. Leahy Attorney At Law today for legal help. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.