If you were injured in a construction accident, you may have the option of filing a lawsuit against the negligent parties with the aid of a seasoned construction accident attorney. The goal of a lawsuit is to obtain monetary compensation for the harm that you suffered. This can pay for your medical expenses and allow for the necessary changes or modifications to your lifestyle, as well as keeps you secure if you are unable to go back to work. Another objective is to force defendants to make safety changes to prevent future accidents.
Filing a construction accident suit in Alpharetta is not as easy as many other civil injury situations but a lawyer could help you get started on the right foot.
When Can You File a Construction Accident Suit in Alpharetta?
In most cases, the timeframe for filing a lawsuit in Alpharetta is two years from the date of the injury. However, there are multiple exceptions to that rule based on the facts on the case. For example, if the suit must be filed against a public entity, a plaintiff must file an ante liem notice, or “early notice,” which drastically reduces the timeframe to file.
Another important example involves cases related to negligent security. The statute of limitations is tolled (lengthened) based on when the third-party criminal actor is apprehended and the prosecution is finalized. In many cases involving negligent security, the third-party criminal actor is never apprehended and the tolling of the statute of limitations occurs. It is crucial that a person has an attorney with experience in these specific areas of law to determine how long they have to file a lawsuit after a local construction accident.
What is the Process for Filing a Construction Accident Suit?
Similar to any other personal injury case, the process for filing an Alpharetta premises liability lawsuit involves:
- Investigating the circumstances of the injuries and the potential parties;
- Contacting potential parties to determine applicable insurance coverage;
- Gathering physical evidence;
- Communicating with governmental entities and non-parties to obtain official documents;
- Drafting and filing a lawsuit in the appropriate jurisdiction; and
- Serving discovery on the named defendants.
The discovery period begins after a defendant answers the complaint and lasts for six months. During that time, both parties exchange written answers to questions relating to the incident.
What to Bring to a Meeting with an Attorney
The first meeting between a plaintiff and their lawyer consists of gathering as much information as possible about the potential parties involved. The lawyer learns about the circumstances surrounding the incident, identifies which authorities conducted investigations, initiates a review of the sustained losses, and evaluates any potential conflicts regarding workers’ compensation immunity.
For the first meeting with a lawyer, a person should bring all of the medical bills and medical records in their possession, any information about their employer at the time of the incident, and documents showing the legal name of the entity they work for. If available, the injured party should bring any records relating to local, state, or federal investigations of the incident, including OSHA investigations.
The Challenges of Filing a Lawsuit
Before filing a lawsuit for an accident at a construction site in Alpharetta, an individual should establish whether the at-fault parties have immunity under the workers’ compensation statute. They should determine whether they have included all the potential at-fault parties, including subcontractors, contractors, property owners, and property managers.
It can be a challenge to identify the proper defendants to file suit against, especially if certain parties have workers’ compensation immunity. You should find an experienced attorney who can analyze the issues surrounding workers’ comp immunity, uses public source documents to determine the appropriate parties involved, and investigates possible avenues of liability against actors that appear to be immune.
Have an Attorney Help You File Construction Accident Suit in Alpharetta
Construction accidents often leave workers with catastrophic injuries, while filing a claim can be difficult due to certain immunities. Fortunately, you have the option of working with a lawyer who knows the system and could keep you on course. Place a call today to discuss filing a construction accident lawsuit in Alpharetta.