Many people are injured on construction sites every day, including non-employees and innocent bystanders. Some injuries can be serious and some fatal. Construction accident cases involving non-employees are treated like normal personal injury cases. This means that the injured persons can file a lawsuit against the liable parties, such as general contractors, sub-contractors, property owners and negligent employees.
Elements to prove
Non-employees or bystanders, such as pedestrians or people driving by the construction sites may sustain injuries from falling debris, structural collapse, fires, electrocution, and other hazards. If the parties in charge of the construction site failed to follow safety measures in keeping the construction site safe, they may be held liable for injuries suffered. In order to file a lawsuit against the responsible parties, injured parties must prove that:
- The parties acted negligently or intentionally
- The accident caused the injuries
Non-employees who suffer injuries from a construction accident can pursue damages by filing a personal injury claim. The amount of compensation depends on the severity of the injury and financial losses sustained as a result of the accident. Injured victims can claim compensation for:
- Medication costs: This is a reimbursement for all the medical expenses incurred from the time of the accident, to the present day. It includes medical treatment, prescription drugs, medical examinations, hospitalization, travel expenses, out of pocket expenses, and rehabilitation costs. It is important to keep all the receipts for any purchases related to your injury and treatment.
- Loss of earnings: This compensates for lost wages and earnings suffered as a result of the injury, from the day of the accident to the present day, as well as future earning capacity. Lost income should be verified by the injured victim’s employer.
- Pain and suffering: This compensation is awarded for pain and discomfort suffered as a result of the accident. Pain and suffering damages depend on the type of injury and how long one takes to recover.
- Wrongful death: This damage is awarded when the case involves loss of life. It covers funeral expenses and compensates deceased relatives for the loss of income, loss of love, companionship and more.
The Statute of Limitations
Generally, personal injury claims are made within three years from the date of accident or injury. After this period, you may lose your right to sue.
Injured in a construction accident? Contact Dervishi Law Group, P.C.
Dervishi Law Group, P.C. specializes in construction accident cases. We can help you understand your legal rights and determine the course of action you should take. We provide our services in the Bronx, NY.