WORKERS’ COMPENSATION

Palm Desert Construction Accident Lawyer

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Palm Desert Construction Accident Attorney

Construction accidents are severe. Despite safety precautions, OSHA regulations, and personal diligence, construction accidents occur with shocking regularity. Though victims may have insurance benefits, personal injury cases often require additional support that insurance will not provide. Unless the injured are willing to go through the law to get what they are owed, they must pay a lot of their accident bills out of pocket. This is why many workers hurt on construction sites in California turn to personal injury lawyers to seek settlements.

What many people don’t realize is that construction accidents are not all the same. Some accidents are due to negligence, while others are honest mistakes. Some victims recover completely, while other cases result in wrongful death or permanent injury. While one case may go to trial, another case may get settled out of court.

Though the circumstances may vary, remember that a personal injury attorney can ultimately help you with your construction accident claim. You may be injured, but you do not necessarily need to be held financially responsible for what happened to you. This is especially true if your co-workers or place of employment was to blame for the damage.

Turn to English Lloyd

When it comes to finding a Palm Desert construction accident attorney, no one in the Coachella Valley is as experienced and determined as our team at English Lloyd & Armenta. For over 40 years, we have been winning personal injury cases in the area, so you can be sure that we understand workers’ unique challenges and perspectives in southern California.

When we take on your case, we are not afraid to face daunting challenges to win you what you deserve. Insurance companies may be intimidating adversaries, but we have a reputation for taking on large corporations and winning. Our opponents understand that we will not let them bulldoze our clients in the courtroom and that we are dedicated to winning our cases.

While we are tenacious in the courtroom, we are always patient and understanding with our clients. Unfortunately, your accident may have left you in a vulnerable position, and we are empathetic to that fact.

What Is a Construction Accident Case?

Construction accidents are injuries or tragedies that happen specifically on construction sites. There is an entire area of law dedicated to these claims because they are often severe; construction sites are hazardous, and mistakes can be grave. In most cases, these cases result in injuries or death.

As mentioned, the type of injuries can vary widely when it comes to construction accidents. Some common examples include:

Brain injuries
Spinal cord injuries and paralysis
Broken bones
Severed limbs
Cuts, scrapes, and bruises
Post-traumatic stress disorder (PTSD)

Every one of these accidents is considered serious. Construction sites are meant to have protections in place so that their workers remain safe and free of harm. When those measures fail to protect workers, it is only fair that the company and their insurance should pay. Injured employees should not have to pay for something that was not their fault.

Why Do I Need an Personal Injury Attorney?

When facing a construction accident case, you must have a Palm Desert personal injury lawyer on your side. Though some people believe that they can fight their cases alone, this is seldom the case. There are very few examples of victims winning cases on their own because the legal system tends to be complicated.

Furthermore, when you are injured on a construction site, you face your employer and their insurance company in your claim. You can be sure that they will have highly experienced trial attorneys representing them. These attorneys will do everything in their power to blame you for the accident so that they are not held financially responsible for the damage. They do this in many different ways, including:

Badgering you for a statement
Parsing anything you say for admission of guilt
Hiring a PI to follow you and cross-reference your injury claims
Making you think that you legally have to talk to them

These tactics can be incredibly difficult to evade if you have never experienced them before. In some situations, the companies are subtle, but they are aggressive and intimidating in other situations.

If you have an attorney on your side, they can handle all interactions with insurance companies and your opponent’s attorneys. In addition, because your personal injury attorney is experienced in these cases, they will know how to approach any insurance company’s tactics.

Most important, however, you will be healing after your construction accident. Your body will likely be experiencing high levels of trauma, and you will need to focus on healing. Stress and anxiety about your case will only prolong your recovery time. Hiring an attorney gives you a better chance at a settlement and helps make sure that you have the time and space to heal properly.

Construction Accident Law

Construction accident law is a unique part of the personal injury sector. Not all personal injury attorneys can handle these claims because they require knowledge of various topics. This is because construction accidents can happen in a variety of ways. For example, car accidents are sometimes the cause of construction injuries, as workers are often building highways and roadways. While a car accident attorney could help the driver of the car, they may not understand the different laws associated with workplace injury and construction law. As a result, they could not properly help those injured on the construction site.

Construction accident cases can encompass everything from a car crash to OSHA violations to medical malpractice. These cases are complex and require a specific skill set to practice.

How to Establish Fault in Construction Accidents

The most significant task in a construction accident case is determining fault. This indicates who should be responsible for the damages and medical bills.

It is important to remember that your employer has an increased responsibility on the job site. As a place of business, they are required to follow specific parameters about safety and security. Therefore, if an accident occurs on the site, many times, the employer is held responsible.

Establishing fault can be straightforward if your employer fails to follow the law. Legally, they are required to:

Provide proper safety equipment
Train every employee in safety protocol
Allow for breaks and time off to prevent fatigue
Train employees on any equipment
Prevent non-trained employees from using equipment
Respond to any reports of roughhousing, drug or alcohol use, or dangerous activity occurring on the job site

If they fail to do one of the above and an accident occurs, they have broken the law and are responsible for the damage.

Unfortunately, proving fault is not usually so straightforward. Your attorney will likely have to obtain statements from witnesses and employees involved, security footage, and medical records to begin building a case against your employer. Even when corporations or businesses break the law, the burden of proof is placed on the victim.

Settlement vs. Litigation in Construction Accidents

Not all construction accident cases end in trials. In some scenarios, the attorneys can settle the matter outside of litigation through negotiation or mediation. This often occurs when one side has a clear and undeniable case, and the other side accepts that they likely will not win in court.

This can be beneficial for a few reasons. First, it usually means that you receive money more quickly than if you go through litigation. Second, you save money on litigation fees and paperwork. Finally, you also save money on attorney fees and other associated expenses.

In cases of negotiation, settlement may mean a lower sum of money in your pocket. However, many times any loss in money is still less than you would spend on litigation.

What to Expect From Your Construction Accident Attorney

Of course, every construction accident is different. However, there are some basic traits and actions you can expect from your attorney. These include:

Active listening. Your attorney should be a good listener and let you speak freely.
Compassion. You have likely been through a lot, and your attorney needs to be sensitive to your experience and emotions.

Good communication. Your attorney must run their business in such a way that clients feel up to date on what’s happening with their case.
Time for you. An attorney may be handling other cases and trials, but it is essential that they still have sufficient time to represent you properly.
A good track record. Your attorney should have a history of winning trials and cases like yours.

Consider any other values that are important to you, and let them guide your search as well.

Contact the Palm Springs Law Office of English Lloyd and Armenta

For nearly 50 years, we have been helping construction workers and their families heal financially after accidents. We understand the challenges you face and are here to help you receive the compensation you deserve. Whether you face a workplace compensation claim or a personal injury claim such as a dog bite or a product malfunction, we can help. Contact us today.