Workers at construction sites are constantly facing dangers and the threat of accidents. In many cases, injuries include loss of limbs, scarring, head injuries, amputations, fractured bones, or even wrongful death. Pursuing a workers’ compensation claim will provide coverage for all reasonable medical expenses related to the accident as well as an award for a permanent loss of function to your body. However, if someone was at fault for your accident, you may also have a claim against that party to cover other damages.
If you are injured on a construction site, it is in your best interest to consult a personal injury legal practitioner to ensure that you receive the maximum compensation to which you may be entitled. Our firm has successfully handled many construction site accident cases and we firmly believe that many injuries that occur on and around construction sites could have been avoided.
As respected lawyers with decades of experience in personal injury, Petro Cohen, P.C. understands how injuries caused by the fault or negligence of another can adversely affect you and your loved ones for many years to come. If you have been injured and you feel as though you have a valid case against another party, please fill out the case evaluation form or contact us as soon as possible to schedule your free consultation. We can review your case and help determine if you are entitled to seek compensation for your condition.
There are several reasons that construction accidents occur. According to the Occupational Safety and Health Administration, employers are required to conduct routine inspections, implement programs to promote safety on the job, and obtain specific permits to reduce or limit the likelihood of workplace accidents. Failure to adhere to safety procedures and policies, product defects, and negligence may result in construction site accidents that are avoidable.
If an employer has a valid workers’ compensation insurance policy, the company is typically provided immunity from any personal injury lawsuits that may result following a construction site accident. These policies do not prevent injured parties from filing lawsuits against their employers if the injury was proven to be intentional. However, in most cases, an employee injured on a construction site who files a third party claim will be filing a claim against a third party for negligence rather than the employer. Those who have been injured may consider seeking legal counsel from the lawyers at Petro Cohen, P.C. to pursue claims against a third party such as
When a third party is responsible for your injuries, you can file a lawsuit against the third party in addition to filing a claim with your employer for workers’ compensation. The following are some examples of possible third-party claims arising out of work-related incidents on construction sites:
In each instance, the third party that is responsible for causing your injuries can be held liable for all of your losses. These include your medical expenses, lost wages, property damage, pain and suffering, and other types of financial and emotional damage. This claim is just like any other personal injury claim – it can be settled through insurance; or, if the responsible party isn’t willing to pay, you may need to go to trial.
While the law allows you to pursue compensation from all available sources, you are not permitted to retain duplicate payments. As a result, if you receive workers’ compensation and then subsequently win a settlement or verdict on your third-party claim, you are required to reimburse your employer for the amounts paid from any recovery you may get from the at-fault or negligent party. However, your court costs and attorney’s fees can be carved out of the amount you owe.
When you suffer an injury on the job, you should never assume that you are only entitled to workers’ compensation. Our team of reliable New Jersey construction litigation lawyers can evaluate your case help you to determine if more than one party may be held accountable for your injuries. Our experienced NJ construction litigation lawyers can work to protect your legal rights and build a strong case so that you receive the maximum compensation to which you may be entitled under New Jersey law. We can evaluate your claim and help you determine if you are eligible to pursue more than one claim including product liability, wrongful death, workers’ compensation, and personal injury. Those who are injured in construction site accidents often suffer from severe physical, financial, and psychological pain. Permanent injuries, extensive medical bills, and coping with the trauma of a life-altering injury can have a significant impact on a person’s life, and his or her family may be adversely affected as well. By working with Petro Cohen, P.C. and filing a personal injury lawsuit against those responsible, you may be eligible to recover damages for pain and suffering, property damage, physical therapy, loss of wages, counseling costs, medical expenses, treatments, and/or rehabilitation therapies.
The following is a description of the litigation process of a typical construction injury case. Remember, however, that a settlement can be reached at any point in the process – in fact, at least 95 percent of all cases are settled at some point during the process described below.
The purpose of an investigation is to determine whether there is enough evidence to file a lawsuit and to develop a preliminary trial strategy. During the investigation, your lawyer will collect documentary evidence, locate and interview witnesses, and analyze the facts of the case. It is at this stage, for example, that your lawyer may determine whether a third party can be held liable for your construction site injuries.
Pleadings are official legal documents that are submitted to the court. Unless an early settlement is reached, your lawyer will draft a summons and complaint to formally initiate a construction injury lawsuit. He may draft other pleadings as well.
The discovery phase commences only after a lawsuit has been filed. In the discovery phase, the parties exchange relevant evidence such as documents, witness testimony under oath, and written interrogatories to the opposing party. Since the court has the power to compel a party to comply with a discovery request, the discovery phase is useful for gathering evidence that could not have been gathered before a lawsuit was filed.
Once the discovery phase is complete, the court will generally schedule an arbitration where two experienced legal practitioners will hear and evaluate your case in an effort to try to get the matter settled before trial. If the parties cannot agree after the arbitration, then the matter will be listed for a trial.
Parties may also agree to submit your case to a mediation where a professional mediator, who can be a retired judge or certified attorney-mediator, will bring the parties together in an attempt to settle your case. Again, if mediation is not successful, your matter will proceed to trial.
During the trial, your lawyer will call witnesses, cross-examine the witnesses called by the opposing party, make opening and closing statements, and draft and argue for and against various trial motions such as a motion to dismiss.
Your attorney may file an appeal if the trial result is unfavorable. Alternatively, he may need to respond to an appeal filed by the opposing party. Very few construction litigation cases are appealed.
At Petro Cohen, P.C., our skilled New Jersey construction litigation lawyer can answer your questions concerning a potential personal injury lawsuit in regard to your construction accident and will help you decide the best path for you. We take the time to listen to your story, review all of your options and potential case scenarios, and help you make an informed decision on how to proceed. You can rest assured that our attorneys will work hard on your behalf to obtain settlements for lost wages, medical expenses, and pain and suffering, and to help bring you closure.
Petro Cohen, P.C.’s attorneys, Susan Petro, Rich Gaeckle, and Michael Veneziani, will handle your personal injury case passionately, fighting for the full and fair compensation that you rightly deserve. They have successfully handled thousands of personal injury cases for clients throughout Southern New Jersey and have decades of experience handling cases involving construction litigation as well as auto accident injuries, trip and falls, wrongful death, and many other types of serious injury claims.
Regardless of the type of serious injury, you may face, our team of qualified attorneys is there for you. We take personal injury seriously. There is no cost to speak with us, and you will not be responsible to pay our legal fees or expenses unless we are able to successfully make a recovery on your behalf. We value the confidence and trust of our clients, and we appreciate each opportunity we have to represent individuals harmed by the negligence of others.
We know you have choices with your legal representation for your serious personal injury. In Litigation, You Don’t Get a Second Chance, so be sure to choose your representation wisely. For more information or a free consultation with one of our New Jersey construction litigation attorneys at any of our four office locations (Northfield, Cherry Hill, Hamilton Township, and Cape May Court House, New Jersey), contact us online.
You can also reach our NJ construction litigation attorneys directly by e-mail. Susan Petro can be reached at email@example.com. Rich Gaeckle can be reached at firstname.lastname@example.org and Mike Veneziani can be reached at email@example.com
Our experienced attorneys handle other types of cases as well, including: