Construction work is known to be one of the most dangerous jobs. The equipment, the heights, and the complexity of many tasks put workers at risk of serious injury. For those who suffer an accident while on the job in Indiana, it can be an overwhelming experience. From navigating medical bills to understanding your rights, the process is complicated. This is especially true when it comes to filing a lawsuit after a construction accident.
If you have been hurt in a construction accident in Indiana, it’s important to understand the procedures and timelines involved in seeking compensation. Knowing these details can help ensure that you protect your rights and receive the financial support you need to recover.
Understanding Construction Accident Lawsuits in Indiana
When a construction accident occurs, workers’ compensation often covers medical expenses and a portion of lost wages. However, there are situations where filing a lawsuit may be necessary to secure full compensation for injuries. In Indiana, a construction accident lawsuit is typically filed when a third party, someone other than your employer, a co-worker, or yourself, are responsible for your injury. This could be the manufacturer of faulty equipment, a subcontractor, or a property owner.
A construction accident lawsuit is different from a workers’ compensation claim. Workers’ compensation claims usually prevent you from suing your employer, but in a lawsuit, you can hold a third party accountable for their negligence. This legal action aims to recover costs beyond what workers’ compensation may cover, such as full lost wages, future medical care, and even compensation for pain and suffering.
Timelines for Filing a Construction Accident Lawsuit in Indiana
In Indiana, the law sets strict deadlines for filing a construction accident lawsuit. This is known as the statute of limitations. The timeline for filing this type of lawsuit in Indiana is two years from the date of the accident. If a claim is not filed within this time, you may lose the opportunity to seek compensation for your injuries.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
It’s important to remember that while two years might seem like a long time, legal cases can take time to prepare. Evidence needs to be gathered, medical records reviewed, and witnesses may need to be contacted. The sooner you start the process, the better your chances of building a strong case. Waiting too long can result in key evidence being lost or memories fading.
There are also some exceptions to the two-year timeline. For example, if the injured party is a minor or was mentally incapacitated at the time of the accident, the statute of limitations may be extended. It’s crucial to discuss your situation with a legal professional to ensure that all deadlines are met.
Steps to Take After a Construction Accident in Indiana
If you’ve been involved in a construction accident in Indiana, the first priority is to seek medical attention. Even if you feel fine immediately after the accident, some injuries can take time to appear. Once your health is stable, there are a few important steps to take if you are considering filing a lawsuit.
First, it’s important to document the accident as thoroughly as possible. This includes taking photos of the scene, the equipment involved, and any visible injuries. Collect contact information for any witnesses who saw the accident. It’s also helpful to write down your version of events while they are still fresh in your mind.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Next, report the accident to your employer. While this is important for your workers’ compensation claim, it’s also a necessary step in documenting the incident. Be sure to get a copy of the accident report.
Finally, consult with a legal professional as soon as possible. An experienced guide can help you determine if you have a valid claim and assist in gathering evidence, dealing with insurance companies, and handling the legal process.
Building a Strong Case for a Construction Accident Lawsuit
To have the best chance of success in a construction accident lawsuit, it’s important to build a strong case. The injured party must show that the third party was negligent and that this negligence directly caused the injury. This requires evidence that may include accident reports, photos, medical records, and witness statements.
In some cases, testimony may be needed to show how a piece of equipment was defective or how a subcontractor failed to follow proper safety protocols. This type of testimony can help strengthen your case and show that the third party is responsible for your injuries.
It’s also important to keep detailed records of your medical treatment and any costs associated with the accident. This can include hospital bills, prescription costs, and records of any time you missed work. These records will be used to calculate the compensation you are seeking in the lawsuit.
Compensation Available in a Construction Accident Lawsuit
The goal of a construction accident lawsuit is to recover compensation for the injuries suffered. In Indiana, there are several types of compensation that may be available to you if you win your case.
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One of the most common types of compensation is for medical expenses. This includes past medical bills as well as any future treatment that may be required. If your injury prevents you from returning to work, you may also be compensated for lost wages. This can include both the wages you lost while recovering and any future wages you will lose if you are unable to return to your previous job.
Additionally, you may be entitled to compensation for pain and suffering. This refers to the physical pain and emotional distress caused by the injury. In severe cases, compensation may also be available for permanent disability or disfigurement.
The Importance of Legal Representation in a Construction Accident Case
Filing a construction accident lawsuit in Indiana can be a complex and overwhelming process. Between navigating the legal system, dealing with insurance companies, and gathering evidence, it’s easy to feel lost. This is where having a knowledgeable guide on your side can make all the difference.
A legal professional can help ensure that your case is handled correctly and that you meet all necessary deadlines. They can also negotiate with insurance companies on your behalf, ensuring that you receive a fair settlement. In many cases, insurance companies may try to offer a low settlement in the hopes that you will accept it quickly. Having a legal professional by your side ensures that you have someone advocating for your best interests.
In addition, a legal professional can help you understand the full value of your case. This includes not only medical expenses and lost wages, but also compensation for pain and suffering and any future losses you may experience due to your injury.
If you’ve been injured in a construction accident in Indiana, it’s important to act quickly to protect your rights. The legal team at Wyant Law understands the challenges you are facing and is here to help. With experience in handling construction accident cases, we are dedicated to ensuring that our clients receive the compensation they deserve.
At Wyant Law, we take the time to listen to your story and understand the details of your case. We work with you every step of the way, from gathering evidence to negotiating with insurance companies, and if necessary, representing you in court.
Don’t wait to seek the legal help you need. Contact Wyant Law today to schedule a consultation and learn more about how we can assist you with your construction accident lawsuit.