East Brainerd Construction Accident Lawyer
Construction sites are inherently places of potential danger, both for those who work on the site or for those who may be there for some other reason. However, inherent danger does not relieve construction companies and supervisors from their duty to keep everyone on the site safe. It also does not mean that if you were injured on the site that you have lost your legal right to seek compensation.
With the help of a well-versed East Brainerd construction accident lawyer, you could recover compensation for your damages including medical bills, lost income, and even for non-economic damages like pain and suffering.
What Makes a Party Liable?
Under the legal framework of negligence, defendants in a case are expected to conduct themselves in the same way that another reasonably prudent person in the same or similar situation would conduct themselves. If a supervisor fails to train his or her employees on how to use a new piece of equipment, that employer could be negligent as he or she was not acting in a reasonably prudent manner. If a construction company is aware that a part on a piece of equipment is faulty and needs replacing, but does nothing, it is negligent if that action caused a person harm.
Likewise, if an employee comes to work on the job site under the influence of alcohol or drugs, that employee and his or her supervisor could be found liable. There are many ways in which people connected to a construction site could be held liable for the injuries and damages to an accident victim. Consulting with a construction accident lawyer in East Brainerd could help victims determine if they have a case to pursue compensation for their injuries.
Determining Liability and Recoverable Losses in East Brainerd Construction Accidents
Construction accidents may inherently have multiple liable parties. Each liable party could be a defendant in a legal claim if the plaintiff’s East Brainerd construction accident attorney deems it appropriate. Potential defendants may include:
- The construction company
- The workers on the construction site
- The owners of the land
- The owners or manufacturers of the construction equipment
- The manufacturers of parts for the construction equipment
Under Tennessee Code §29-11-103, each defendant is liable for their proportionate share of damages to the plaintiff. If the jury determines that the total damages owed to the plaintiff are $500,000 and that the construction company is 50 percent liable, the supervisors are 25 percent liable, and an equipment manufacturer is 25 percent liable each would pay their own percentage of the $500,000 to the plaintiff.
Settlements in Construction Accident Cases
Many construction accident cases settle out of court prior to a trial to avoid the time, risk, and expense of letting a jury determine the case. Attorneys for both the defendant and plaintiff could work towards a settlement negotiation at any time during the litigation process. In some cases, it may take several months or many meetings to come to an agreement.
It should be noted that plaintiffs do not have to take a settlement if they do not believe it is fair or simply do not want to. They should discuss their options and weigh the pros and cons with their East Brainerd construction accident attorney before making a decision.
Call an East Brainerd Construction Accident Attorney
After a construction accident, you likely sought medical treatment for your injuries. You should also seek legal help for your losses. Call an East Brainerd construction accident lawyer to learn about the legal process and to get your case started.
