INJURED IN A CONSTRUCTION ACCIDENT?
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“During my career, I have been privileged to work with the top lawyers in the country and in the world. Most recently, I am working with a national company that funds medical care for those injured in motor vehicle accidents, and I have become acquainted with the top lawyers across the country in the personal injury market. In that capacity, I have been privileged to get to know Nathaniel “Nate” Preston, and the team of lawyers and staff at Warnock MacKinlay Law in Arizona. I can state without reservation that if I needed a personal injury attorney in Arizona, I could call a premier law firm like this one.”
-F. Lee Baily, Famous Attorney For the Defense of O.J. Simpson
“We have worked with Nate Preston and his team at Warnock MacKinlay Law for years. We could not ask for a better partner. They are thoughtful, smart, hardworking, and above all else good people. Whether you are a client looking for representation or a lawyer looking to refer a case, I highly recommend Warnock MacKinlay Law.”
-Todd Richheimer, Managing Partner at Lawfty Law
“The lawyers at Warnock MacKinlay Law are skilled litigators who I trust to effectively prosecute claims and get results.”
- Nicholas Bender, Partner at Bender Day Cullimore
“As a partner in one of the larger law firms in Arizona I have had the pleasure of working with Nate Preston and the attorneys at Warnock MacKinlay Law for over four years on a substantial basis. Their professionalism, attention to detail, understanding of the personal injury/automobile accident industry and concern for clients is second to none. Without hesitation, I would recommend Warnock MacKinlay Law to any client or other law firm seeking quality representation and great results.”
-David Bacon, Partner at Davis, Miles, McGuire and Gardner
“Nathaniel is an extremely knowledgeable personal injury attorney and a strong advocate for his clients. I do not hesitate at all in endorsing him.”
-Alexander Silkman, Founder Silkman Law Firm
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WHAT TO DO AFTER A
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TYPES OF COMPENSATION
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COMMON CONSTRUCTION ACCIDENT INJURY QUESTIONS
Construction site accidents include everything from general safety environment issues to poor working conditions. Construction sites often have great heights, with little guarding, and undertrained staff. If you happen to get into a construction accident, there are several things you must do immediately after a construction accident so that you can get the most money possible for your accident injuries.
- Hire an experienced construction accident lawyer immediately. Call us now at 602-600-6427 to schedule your FREE Consultation.
- Do not discuss your construction accident case with anyone. If a representative from any insurance company or an investigator tries to question you or any family member about your case, please find out their name, the company name and who they represent and refer them to our office immediately. Never give them any information or sign any papers.
- Stay off social media. If you use any form of social media (i.e. Facebook, Instagram, Snapchat, FitBit, Health Apps, Blogs, etc.), it is important that you do not post anything regarding your accident and/or injuries, and maintain a private profile. Anyone who seeks information from you may represent an insurance company or adverse party. Information you disclose could harm your construction accident case.
- Save all the evidence from the construction accident scene, including a copy of the accident report from your employer or site manager, photos or videos, and the names and contact information of any witnesses.
- Get treatment and make sure you follow all your doctor’s recommendations.
- Advise your doctor of all medical complaints, including minor ones, so your medical condition can be properly documented and evaluated. This will allow you to achieve a speedy recovery and prevent the insurance company from claiming that your medical issues were caused by our failure to follow doctor’s orders.
- Make a written list of your accident injury symptoms, no matter how minor. This will prevent problems with minor issues that may get worse by not being considered as part of your accident-related injuries. It is also recommended that you keep a record of your pain levels, at least weekly or when there are any significant changes, and any activities you cannot do as a result of your accident.
- Do not give a written or recorded statement to the insurance company. All communication should be handled by your construction accident lawyer.
Yes, you could be eligible for compensation if you were hurt in a construction accident in Arizona. The following are the typical principal sources of compensation following a construction accident:
- Personal Injuries: You may sue a third party (someone other than your employer or coworker) for the accident’s damages if they were at fault. This could include, among others, the owner of the property where the building site is situated, the manufacturer of a defective piece of equipment, or a negligent subcontractor. You might be able to recover compensation back in a personal injury case for things like medical expenses, lost earnings, pain and suffering, and more.
- Product Liability Lawsuit: You might have a product liability claim against the manufacturer of that product, if your injury was caused by a defective tool, machinery, or safety equipment.
- Wrongful Death Claim: Families may be eligible to file a wrongful death claim if a loved one was killed in a construction accident.
- Workers’ Compensation: It should be possible for you to qualify for workers’ compensation payments if you were working at the time of the accident. Your medical expenses and a percentage of your missed pay ought to be covered by this. No-fault workers’ compensation is standard practice in Arizona, which means that you can recover compensation regardless of who caused the injury.
Consult with a competent personal injury or construction accident attorney who can guide you through these complex laws and make sure you receive the maximum compensation to which you are entitled.
Generally no. You should NEVER speak with representatives from the other party’s insurance company. In those cases, you should only discuss the valuation of your vehicle. You should not discuss the facts of the accident or your injuries. Otherwise, we will handle all communications for you. If a representative contacts you, politely tell them that you have retained an attorney to represent you. The representative should then contact us and never contact you again. If they do, please notify us immediately and we will file a complaint with the Department of Insurance because it is unfair claims practice for an insurance representative to contact a party knowingly represented by an attorney.
Generally, the answer is “No”. Remember, the insurance company does not work for you – they work for the other party. Oftentimes, even before you obtain medical attention and assess the extent of your injuries, you may be contacted by a claims adjuster who will make you a ridiculous, low-ball offer. They are hoping you will accept this offer before you understand the full extent of your damages.
Many people accept these types of offers and sign a release, only to find out further complications “down the road”. Tough Luck. In most states, including Arizona, a release is worded in such a way as to make it almost impossible to ever seek any further compensation after you sign, even if you find your injuries are much worse than you ever anticipated. You shouldn’t agree without first consulting a good Arizona construction accident attorney.
The amount of money you will ultimately recover depends on a variety of issues, the most important of which is the nature of your injuries caused by the accident and the comprehensive medical treatment you receive for those injuries. At Warnock MacKinlay Law, we will help you seek reimbursement for any or all of the following:
- Medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of love and support
- Mental and emotional distress
- Disfigurement and scarring
- Permanent impairment and disability
A construction site has so many moving parts that it is fairly easy to overlook one thing. Unfortunately overlooking even one detail can lead to injury on these job sites. Construction sites are among the most hazardous job sites in the United States.
Common causes of construction accidents include the use of heavy machinery and chemicals. When you are working with unstable or temporary structures, there is a significant chance of risk as well.
The idea is that anyone handling heavy machinery, chemicals or temporary structures, should have thorough training. But training and experience don’t always line up. There’s the risk of inexperienced staff, or overly comfortable staff mishandling their job duty.
Then there is the risk of project managers and contractors cutting corners. Many sites must use multiple contractors, and some can only begin work after others are done.
For example, electricians often work after much of a building’s structure is complete. They are then at risk of the prior contractors taking shortcuts which may expose them to unstable work environments.
Falling off a standard ladder might not seem serious, but if it results in torn ligaments or hyperextension, it is rather severe. Common injuries from construction sites range wildly.
- Muscle injuries are among the most difficult for a construction worker to recover from as they may be out of work for a long stretch of time. These injuries don’t always require surgery, but they do require long periods of rest.
- Burns often find their way into construction accident cases as the people here work closely with corrosive materials and explosives. Flammable or explosive materials such as natural gas and gasoline pick up flames quickly. If you experienced burns, you need legal help to pursue additional pain and suffering options.
- Electrocution happens on construction sites, and the effects can be damaging. Third-degree burns and in some cases death, from electrocution, is possible.
- Brain Injury from either falling or having heavy objects fall on you is a serious issue. Traumatic Brain Injury requires a very slow recovery, usually surgery, and most often you will still not recover fully.
If you experienced any injury on a construction site, contact an Arizona construction accident lawyer. You are likely to come across many hurdles during your recovery and worrying about legal paperwork should not be your top priority.
Hiring a lawyer should allow you to focus on recovering mentally and physically. While you recover, your lawyer should be hard at work putting together a strong case for you.