If you or a loved one has been injured in a construction accident in Indiana, you likely find yourself overwhelmed by the sudden changes in your life. The physical pain, emotional distress, and financial burdens can feel like too much to handle. You may have many questions about how to proceed with a construction accident claim, and that’s where we come in. At Wyant Law, we understand what you’re going through and are here to guide you through the legal process every step of the way. Our goal is to take the confusion out of your situation and help you achieve the best possible outcome.
Understanding the Legal Process After a Construction Accident
The aftermath of a construction accident can be a complicated time. From recovering physically to dealing with insurance companies, the process can feel like a maze. Knowing the steps involved in filing a construction accident claim is essential, as it helps you understand how the process works and what to expect. The first thing to remember is that every case is unique, but the steps involved in pursuing a claim generally follow a clear path.
Filing a Claim with Workers’ Compensation or a Lawsuit
In Indiana, if you are injured on the job at a construction site, your first option for compensation is usually workers’ compensation. This system is designed to help employees who are hurt while working, regardless of who was at fault. Workers’ compensation provides medical benefits and lost wages to employees injured on the job. However, in some cases, workers’ compensation may not be enough to cover all your needs.
If someone else, like a contractor or the manufacturer of faulty equipment, was responsible for the accident, you might be able to file a third-party lawsuit. This type of lawsuit is separate from workers’ compensation and could provide additional compensation for things like pain and suffering or long-term disability. This is where an experienced attorney can help you decide which path to take based on your specific situation.
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.
Investigating the Accident
One of the most critical parts of a construction accident claim is gathering evidence. This includes investigating the scene of the accident, speaking with witnesses, and reviewing any available safety reports or company records. At this stage, it is essential to figure out who is at fault for the accident. Was the injury caused by a mistake made by a supervisor? Was there faulty equipment that led to the accident? Did the construction site fail to follow safety regulations?
The investigation helps determine the cause of the accident and builds the foundation for your claim. An experienced attorney will know how to get the right evidence and use it to support your case. The goal is to show who was responsible for your injury and what they could have done to prevent it.
Filing the Claim and Negotiating a Settlement
Once you’ve gathered all the necessary evidence, your lawyer will file your claim. If you are pursuing a workers’ compensation claim, this involves submitting the proper paperwork to your employer’s insurance company. If you are pursuing a third-party lawsuit, your attorney will file a complaint in court outlining your case.
After the claim is filed, the next step is negotiation. In many cases, the responsible party’s insurance company will try to settle the case before it goes to trial. While some insurance companies may offer a settlement quickly, it’s important to keep in mind that they may not offer the amount you truly deserve. An attorney will help you assess any offers and decide whether to accept them or continue fighting for a better deal. The negotiation process can be lengthy, but it’s often the best way to avoid a long trial.
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
Going to Court
In some cases, a settlement cannot be reached, and your case may need to go to court. Going to court can be a daunting process, but it’s important to remember that the court system is there to ensure justice is served. Your lawyer will present your case, providing all the evidence they’ve gathered, including witness testimony, opinions, and any other information that supports your claim.
If the case goes to court, you may need to testify, but your attorney will prepare you for that moment. The defense will also have an opportunity to present their side of the story, and both parties will argue their case before the judge or jury. If you win your case, the court will award you compensation for your injuries and any other damages you may have suffered.
Related Videos
How Long Does it Take to Settle a Personal Injury Case?
How should I choose a personal injury attorney for my claim?
Receiving Compensation
Once the case is settled or a judgment is reached, you will receive compensation. This compensation can include payment for medical bills, lost wages, pain and suffering, and any future care you may need. The amount you receive will depend on the specifics of your case, including how severe your injuries are and the impact they have on your life.
While receiving compensation can bring relief, it is important to remember that the legal process doesn’t end there. If you’ve been awarded compensation, the next step is ensuring that the money is used to pay for any outstanding medical bills and other necessary expenses. In some cases, compensation may be structured to provide long-term financial support for ongoing care or future treatment.
How an Attorney Can Help You Through the Process
Navigating a construction accident claim is not an easy task, especially when you’re trying to focus on recovering from your injuries. That’s where a trusted attorney can make a significant difference. At Wyant Law, we understand how overwhelming this time can be, and we are committed to helping you every step of the way.
From gathering evidence to negotiating with insurance companies, we will work tirelessly to ensure that you receive the compensation you deserve. We know how important it is to get your case right, and we are here to handle the legal details so you can focus on your recovery. Our team has the experience and dedication necessary to guide you through the complexities of Indiana’s legal process for construction accidents.
If you’ve been injured in a construction accident, you don’t have to go through the process alone. At Wyant Law, we are here to help you every step of the way. From the initial filing of your claim to negotiating a fair settlement or going to trial, we will fight for your rights. Don’t let confusion and worry prevent you from seeking the compensation you deserve. Contact Wyant Law today, and let us help you get the results you need for your construction accident claim.
To learn more about this subject click here: What to Do If You’re Injured by Falling Objects on a Construction Site in Indiana