San Diego Construction Accident Lawyer
If you were injured in a construction accident through no fault of your own, it is likely that you have a lot of questions about what happens next. The attorneys at James S. Iagmin are here to help. Contact us today to learn more about your options and how we can help.
Why Choose Our Construction Accident Lawyers in San Diego?
An experienced San Diego construction accident lawyer can help victims through the confusing legal process and fight to help protect their rights. An experienced attorney can investigate the accident to determine who was at fault and gather evidence to support the victim’s claim. They can also negotiate with insurance companies and fight for fair compensation for the victim’s injuries, lost wages, and other damages.
It’s important to remember that construction accident cases can be highly complex, involving multiple parties and a tangled web when determining liability. Without the guidance of a skillful construction accident attorney, victims may struggle to understand their legal options and may settle for less than they deserve. By working with a respected law firm like James S. Iagmin, victims can have peace of mind knowing that their case is in capable hands.
If you or a loved one has been injured in a construction accident, don’t hesitate to seek legal help. The sooner you contact our personal injury attorney in San Diego, the better your chances will be of having a favorable outcome. With the right legal representation, you can focus on your recovery while your attorney fights for the compensation you deserve.
Who Can Be Injured in A Construction Accident?
Victims of construction accidents are not limited to construction workers and employees. People who suffer from construction site injuries include delivery persons, visitors and guests, bystanders and pedestrians, inspectors, occupants of neighboring property and others.
Construction sites are inherently dangerous places, with heavy machinery, exposed electrical wires, unstable structures, and hazardous materials. Even with good safety measures, accidents can still occur due to negligence or unforeseen circumstances. When these accidents happen, the consequences can be devastating.
In addition to the physical injuries sustained, construction accident victims may also face significant financial hardships and changes in their relationships and lifestyles. Medical bills can quickly accumulate, and if the injury prevents an injury victim from working, they may struggle to pay their usual bills in addition to the new medical bills. This is where a skilled construction accident lawyer can make all the difference.
How Our Construction Accident Lawyers in San Diego Can Help You
James S. Iagmin has 20 years of experience handling personal injury claims and has a proven track record of achieving the best possible results for his clients. Jim is known in the legal community for being a kind, compassionate and intelligent lawyer. Jim is recognized as a leader among personal injury lawyers and served as the President of the Consumer Attorneys of San Diego. Jim has received a number of awards and honors for his skill as a lawyer.
Our firm has the experience, skills and resources to take your case to trial and secure the best possible result if you are not offered a fair settlement. We have experience in the highest-stakes brain, spine, burn injury, lost limb and wrongful death claims. If you were injured on a construction site through no fault of your own, we are here to help you.
How Do I Know If I Have A Legitimate Claim?
A successful construction injury claim has three legal components which must be satisfied:
- liability
- damages
- collectability
1. Liability
Liability means that the liable party owed you a duty of care, breached that duty of care, and that your injuries were caused by that breach. Construction accidents involve special rules, such as OSHA, which impose specific safety requirements on the owners and operators of construction sites and construction machinery. This is one reason it is important to consult an attorney who understands the OSHA requirements if you were injured in a construction accident.
2. Damages
If you were injured in a construction accident through no fault of your own, you may be able to recover for past and future medical expenses, physical pain and suffering, emotional pain and suffering, lost wages, lost earning capacity, loss of enjoyment of life and other damages. If a person has died as a result of a construction accident, their loved ones may be eligible to file a wrongful death lawsuit. If this is the case for you, be sure to contact our San Diego wrongful death attorneys.
Expert witnesses are often necessary to show the cause of construction accidents and to show the nature and extent of the victim’s injuries. Our firm has the resources to secure the best available medical and technical professionals who will appear in court as expert witnesses in order to protect and secure your legal rights.
3. Collectability
Construction accidents typically involve claims against:
- Construction site owners
- General contractors
- Subcontractors
- Engineers
- Architects
- Equipment manufacturers and sellers
- Tool manufacturers and sellers
- Suppliers of materials
- Insurance companies
Each of these parties typically try to avoid responsibility and pass it on to others. Depending on the circumstances of the accident, there will likely be insurance companies involved. Insurance companies will do everything in their power to avoid responsibility. From our experience, you will need a skilled construction accident lawyer in San Diego to receive a fair settlement if you were injured in a construction accident.
Collectability can be one of the most challenging aspects of a construction accident case. Even if liability and damages are clearly established, victims may still struggle to recover the compensation they are owed if the at-fault party lacks sufficient assets or insurance coverage. Having the representation of an experienced San Diego construction attorney can make a tremendous difference.
An experienced construction accident lawyer will thoroughly investigate the accident to identify all potentially liable parties. They will then determine the amount of insurance coverage and assets available to compensate the victim. In some cases, there may be several layers of insurance coverage, such as the general contractor’s policy, the subcontractor’s policy, and the property owner’s policy. Knowledgeable construction accident attorneys know how to navigate these complex insurance issues.
In addition to insurance, a San Diego construction accident attorney can also explore other avenues for recovery, such as personal assets of the at-fault parties or third-party claims against manufacturers of defective equipment. They can also negotiate with lien-holders, such as health insurance companies or workers’ compensation carriers, to reduce the amount of any liens on the victim’s recovery.
Collectability is a critical factor in any construction accident case, and it’s important to work with an attorney who has the experience and resources to pursue all available sources of recovery.
What to Do If You Were Injured in A Construction Accident
Here are a few practical steps to protect your legal rights if you were injured in a construction accident:
- Take photos of the accident and all vehicles involved.
- Call the police and obtain a police report.
- Record the ID of all persons involved (including witnesses).
- Record the insurance information of all vehicles involved.
- Immediately seek treatment for all injuries.
- Keep accurate records of the event and all medical treatment received.
- Contact a top personal injury lawyer without delay.
What About Workers’ Compensation?
In workplace accidents, construction workers and other employees may be entitled to workers compensation benefits. However, workers compensation only covers certain expenses such as basic medical treatment and a percentage of wages. Construction companies are required by law to have workers compensation insurance, but not all do.
Many construction accidents can be classified as personal injury claims, which means the victim may be able to recover other damages beyond what workers compensation would provide. As the law allows, our firm seeks damages beyond those provided by workers compensation to ensure that your current and future medical needs are adequately met, and you have received fair compensation for your injuries.
Types of Construction Accidents
Construction site injuries are most commonly caused by falls, electrocution, impacts from falling or flying objects and being caught between objects. Other common causes of construction accidents include, but are not limited to:
- Inadequate safety equipment
- Faulty scaffolding and ladders
- Inadequate signage or warnings
- Machinery malfunctions
- Rules violations
- Collapsed structures
- Inadequate training
- Vehicle collisions
- Fires and explosions
- Exposure to toxins
There is no exhaustive list of construction accident types. If you were injured in a construction accident and have questions about whether you have a legal claim, we suggest contacting an experienced personal injury lawyer as soon as possible.
Contact Us and Schedule A Complimentary Strategy Session with One Of The Top Construction Site Injury Lawyers In San Diego
Contact us to schedule a complimentary strategy session with us at James S. Iagmin. You will have the opportunity to meet with one of the top construction site injury lawyers in San Diego and learn legal strategies which may get you the results you want. You will receive a well written summary of the facts of your case for free. Do not delay, as you may lose valuable legal rights by doing so.