Construction sites are inherently dangerous. However, when different parties fail to take every necessary precaution, unnecessary accidents can happen. In these cases, an Atlanta construction accident lawyer can help hold the responsible party accountable. A well-versed premises liability lawyer can help you bring a claim for compensation against the parties responsible for your injuries.
What Are Common Construction Accidents?
A construction accident would be an injury that occurs either on or in relation to a construction site. This can include a variety of accidents and resulting injuries. There can be accidents where equipment falls over, resulting in orthopedic injuries or traumatic brain injuries.
On a construction site, there will likely be a general contractor and subcontractors. It is important to analyze the condition or act that resulted in the injury so that the potentially liable parties can be identified. That is particularly important if the injured individual works for a subcontractor.
A person with no relation to the construction industry can also be injured in a construction accident. Scaffolding could collapse and injure someone passing the construction site. It is also possible where there are deliveries on the construction site, or where individuals not involved in construction have a reason to be on the premises for other business and are injured in the course of the construction.
How Whether the Injured Party is an Employee Affects a Claim
If the injured individual is an employee working at a construction site, it may be difficult for them to recover from the construction company. They are generally only able to recover from their employer under workers’ compensation benefits.
However, the nature of the employment of the individual could be important. This is because they may be able to bring a claim against a third-party contractor who was responsible for their injuries or potentially against the premises owner or manager.
Damages for Construction-Related Injuries in Atlanta
Compensatory damages in a typical construction site case will involve medical bills. Typically, there will also be a loss of wages and pain and suffering that can be recovered as well. A comprehensive claim may also seek compensation for current dysfunction or impairment. Finally, there could be wrongful death, which is compensation for the full value of the life of the individual who was killed.
When Punitive Damages Apply
Punitive damages are recoverable when there is intentional wrongful conduct, reckless conduct or conduct that demonstrates a conscious indifference to consequences. If there is a risk on the premises and the defendant is aware of it but decides not to act, they could be held liable for punitive damages.
It is important to note that there is a cap of $250,000 on punitive damages in Atlanta depending on the nature of the case. However, there may be uncapped punitive damages if alcohol is involved or if the harm was intentional.
How Comparative Negligence Affects Compensation
Georgia is a modified comparative negligence state. This means that, if the plaintiff is 50 percent at fault, their claim can be barred. Therefore, for a successful claim, the plaintiff needs to establish that the other party’s fault exceeded their own.
The proportionate fault of the plaintiff will directly impact the amount of their recovery. In that case, the jury will be tasked with determining the proportion at fault. The amount of recovery is then reduced accordingly. Percentages of fault are determined on case-by-case basis. It is very fact-specific meaning it is important to understand in detail the exact facts at play in a case, what occurred, who was involved, and why.
Discuss a Claim with an Atlanta Construction Accident Attorney
In a construction accident claim, it is important to look at all potential angles. Lawyers will look at who is running the construction site and who might have directly been negligent, but also whether a contractor or manufacturer could be partially liable. Call an Atlanta construction accident lawyer today for a free consultation to discuss your case.