When to File a Construction Accident Lawsuit

Construction sites contain many hazards that can lead to dangerous accidents. In fact, over 170,000 construction accidents happen each year nationwide, according to the Bureau of Labor Statistics.

If you or someone you care about got hurt in an accident at a construction site, you might be wondering if you should take legal action and file a lawsuit against whoever is responsible.

Many people hesitate to file a claim, especially depending on who is at fault. Deciding to make a claim against an employer or contractor is a difficult one. This article explains everything to know about when to file a construction accident lawsuit.

What Causes Construction Accidents

Construction sites have many safety risks leading to accidents. Understanding common causes of construction accidents can help an injured worker decide if their situation warrants talking to a Springfield construction accident lawyer about a potential lawsuit.


One significant danger is falling. Falling off rooftops, ladders, scaffolds, and other high spaces often leads to severe injuries or worse. Sometimes, workers fall because there are no fall protection systems in place. Other times, guardrails and walkways get damaged. Workers rely on their employers to make conditions safe, so falls might lead to lawsuits. In such cases, seeking assistance from a Chicopee workers’ compensation lawyer can be crucial in navigating the complexities of workers’ compensation claims and ensuring that injured workers receive the support and compensation they deserve.

Struck By Objects

Another prevalent cause of injuries is getting struck by objects. Construction zones contain heavy materials and debris that can hit workers. Tools, construction materials, and vehicles moving around the site can cause injuries. Job sites have areas called hazard zones that employers must mark off and block access to, so that this does not happen. When zones are not maintained, or rules to keep out are not followed, lawsuits can result.


Electrical dangers cause many construction deaths and injuries each year. Power lines near the site can be struck by equipment. Tools and equipment on site can malfunction and electrocute users through faulty wiring. Big puddles of water near electrical systems on construction sites also put workers at risk of getting shocked or electrocuted. To prevent these accidents, tools must be maintained appropriately; workers must be trained on risks and hazard protections in place.

Determining Liability and Negligence

Before considering a lawsuit, it helps to know who could be held legally and financially responsible for the accident and injuries. The legal term for being accountable is “liability.” For someone to be liable for an injury, they have to be negligent. Negligence means they failed to take reasonable safety precautions to prevent known construction site risks and hazards.

Possible Negligent Parties

There may be more than one negligent party in legal cases involving construction accidents. Some potentially liable parties include:

Property Owners

Owners who hire construction companies still have a responsibility to make sure the site and working conditions are safe. If they overlook or ignore site hazards, property owners become liable. For example, if an owner fails to mention known structural defects in a building that they know could cause an accident, it may be considered negligence.

Construction Companies

The contractors and subcontractors doing the actual construction work have legal duties to follow safety rules. Their contracts require them to create safe working environments. That means appropriately training workers on on-site hazards and providing needed protective equipment. When one of these construction companies ignores safety duties, they are negligent if accidents occur.

Equipment Manufacturers

If a dangerous hazard arises because some construction equipment was poorly designed or manufactured, liability can extend to that product’s maker. Through legal responsibility concepts called product liability or defective product laws, companies producing flawed or damaging products must compensate victims harmed by their merchandise. In some cases, where the harm occurs on property owned or managed by another party, a premises liability lawyer can provide legal guidance on whether premises liability may also apply, ensuring all channel for compensation are explored.

Assessing Injuries and Damages

The severity of injuries and overall financial losses determine whether to file claims. Money granted in construction accident settlements or court verdicts covers categories like:

Medical Bills

This includes past and present doctor visits, hospital stays, procedures, tests, equipment, and therapy programs made necessary by accident-caused harm. Future anticipated medical costs also get factored in for ongoing treatments.

Lost Income

This calculates pay missed because injuries prevent being able to work for a period of recovery or on an ongoing basis. Even future earnings loss gets considered when disabilities cannot heal or are permanent.

Disability Costs

Expenses needed for modifying living spaces and vehicles may help offset accident impacts causing long-term impairment and disability needs. Ramps, stair lifts, widened doorways, and other adaptations assist mobility.

While worker’s compensation systems assist with medical bills and some portion of missed wages, available benefits often do not cover the full scope of financial distress construction accidents create. Lawsuit settlements honor the full breadth.

Timing Considerations for Construction Lawsuits

Be aware that certain timing restrictions apply, like the statute of limitations. All states establish these legal deadlines dictating how long people have to file different kinds of lawsuits. For bodily injury claims in Massachusetts, you have only three years to file your personal injury case. A Chicopee personal injury lawyer can clarify so you do not miss your chance to pursue fair accountability. An attorney can clarify so you do not miss your chance to pursue fair accountability.

As you can imagine, it becomes challenging to recreate an accident scene months or years later. Early capturing of photographs and witness accounts makes for more robust evidence files. An attorney immediately gathers such investigative items.

As medical treatments, assistive equipment, and accessibility construction projects continue for years after accidents, cumulative financial demands grow substantially. By then, legal rights to recover funds could be forfeited if the victim waited too long to consult an attorney.

Why Hire a Construction Accident Attorney?

We have covered when to file a construction accident lawsuit. But what about the why? Maneuvering the legal, medical, insurance, and regulatory maze around injury compensation involves obstacles that are better navigated with attorney expertise. Specifically, attorneys can:

  • Document Evidence: In court and insurance claim contexts, stringent rules dictate injury and accident documentation, unlike worker’s comp systems. Even valid cases unravel if attorneys miss technical details regarding evidence.
  • Maximize Financial Recovery: Experienced attorneys have the negotiation talents and knowledge of prior settlement amounts needed to skillfully press for maximum viable financial recovery. Solo attempts often fail to produce full compensation rightfully due.
  • Handle Difficult Legal Hurdles: The laws, procedural steps, paperwork requirements, and conduct standards for accident injury lawsuits represent an extremely difficult burden without attorney representation protecting client interests.

Contact Cava Law Firm

Founding attorneys Christopher F. Cava and Jennifer L. Cava-Foreman have over 25 years of experience assisting construction workers and families in maximizing financial recovery when substandard safety causes harm.

Our motto is “Winning is NO Accident!” We offer free consultations to review case details and provide honest guidance regarding legal rights. If you or a loved one suffered injury or you lost a loved one due to an unsafe construction site, call Cava Law Firm today at (413) 737-3430 or (413) 781-CAVA (2282).

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]

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