Construction Accident Attorney
Serious work site injuries may require hiring a construction accident attorney to recover compensation not covered under Workers' Compensation insurance. Construction sites are accidents waiting to happen. Residential and commercial building and remodeling requires the use of heavy equipment, unwieldy materials, and dangerous power tools. Heavy crane operators, roofers, framers, and electricians are all at risk when it comes to dangerous job site incidents that can be life threatening. Improperly adjusted or malfunctioning cranes can fall and injure operators and workers and cause damage to property. Most roofers have fallen at least once from heights that might make most of us dizzy. Framers can be injured from nails accidentally ejected from automatic nail guns or power saws that suddenly reverberate. Electricians must keep a constant watch against electrical shocks from currents that have not been properly shut off or diverted. Even seasoned construction workers are subject to falls and accidents resulting in broken collarbones and backs, spinal injuries, severed limbs and fingers, brain injuries, and impaired or lost vision.
Conscientious company owners diligently implement Occupational Safety and Health Administration (OSHA) workplace safety measures and policies designed to lessen the chances for serious accidents and injuries. Larger corporations employ safety officers who regularly check for potential workplace hazards or conduct periodic employee training to ensure that workers are aware of potential dangers and know how to use safety equipment, exercise proper lifting techniques, and practice the safe use of power tools. Eyewash stations, goggles, safety gloves, steel toed boots, and masks should be available to help protect workers from injuries. A construction injury lawyer will investigate a company's safety plan to determine if a failure to implement safe workplace practices existed at the time of the incident, or whether an injured employee was negligent in complying with established policies.
Workers who suffer from job site injuries may be hospitalized for days or undergo rehabilitation and physical therapy, which prohibits them from working for an extended period of time. Lost time on the job means lost wages, which can cause more than physical pain and suffering. Building trades workers and laborers can lose homes, vehicles, and furnishings due to an inability to make a living after suffering from a work site injury. While employers, such as general contractors and subcontractors, are required to carry insurance, workers' compensation benefits may be inadequate to cover serious job site injuries which require long term rehabilitative care. Workers' compensation insurance regulated by the state usually places a cap on the amount of monies that can be awarded to injured employees. States also prohibit employees from suing employers beyond workers' comp benefits and limit the timeframe for the payment of workplace injury benefits. Injured workers may feel that hiring a qualified construction accident attorney to win compensation for life-threatening or debilitating personal injuries or accidents not covered under workers' compensation insurance policies may be their only solution. While lawsuits are a way of life, the Bible offers guidance in dealing with legal issues: "But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also" (Matt. 5:39-40).
A knowledgeable construction injury lawyer will be familiar with the industry and federal and state regulations which might have been violated during a life threatening accident. Qualified lawyers will conduct a thorough inspection of the worksite to identify building code or Department of Labor violations, research past histories of job site injuries, review past reports of violations or litigation, and interview witnesses who may furnish critical details about events surrounding the accident. In addition to investigating employers, a good construction accident attorney will also investigate the client's allegations. An attorney's reputation is at stake for filing fraudulent information or suing employers on the basis of an employee's charge which can not be substantiated. The cause of a job site accident may be due to employees who were negligent, under the influence of drugs or alcohol, or those who may have failed to comply with safety regulations. Building an unsubstantiated case could easily result in a countersuit for damages against the plaintiff and their legal representative.
A wise, conscientious attorney will develop a strong case using eye witnesses, videos, employee time sheets, equipment and tool usage data sheets, and employer records which may reveal a discrepancy in the plaintiff's favor. A construction injury lawyer will be charged with presenting reliable evidence based on critical witnesses, timelines, and other relevant information. If an attorney can prove employer negligence based on a history of complaints or worksite injuries, other employee lawsuits, or out-of-court settlements for prior claims, the chances of winning additional compensation for personal injury or wrongful death will increase considerably.
Workers seeking to gain more compensation than allowed through an employers Workers' compensation plan can find a construction injury lawyer on the Internet, through the local business directory, or local bar association. Friends, family members, and coworkers who have filed claims previously may also be a good resource for information about finding a construction accident attorney. Lawyers may waive an initial consultation fee and charges may be contingent upon who wins the case. Injured employees may incur legal fees on an hourly or retainer basis ranging from $75 to $100 and up, depending upon the area of the United States clients reside. Many attorneys request a down payment or good faith fee before agreeing to take a plaintiff's case; therefore, injured workers should be prepared to pay in advance. Most legal representatives will establish a payment plan or accept charge cards for fees. While a construction site can be an accident waiting to happen, state workers' compensation insurance and adequate legal protection can prevent a once-in-a-lifetime accident from turning into a long term financial casualty.
Boat Accident LawyerA boat accident lawyer was not on the minds of the occupants of the fourteen foot runabout that lazily puttered out of the cove of the island in northern Minnesota. Six middle aged persons were happily chatting away, each boater had on a life vest along with plenty of sunscreen and sunglasses. The skipper of the little boat lived on the island and knew there was a no wake regulation until completely out of the channel. The driver kept the watercraft at about eight miles an hour to abide by the Coast Guard posted speed. Protecting boaters just coming out of the channel and into the big water was a no ski zone near the channels' mouth. Land vegetation kept boaters coming out of the no wake from seeing fast approaching ski boats and bass boats, so a few years before this day the Guard had posted a no skiing zone for about three hundred yards in each direction of the channel opening and about two hundred yards into the big water. This was too beautiful day for tragedy to strike, but days like this one allows the boat accident attorney from the big city to raise his family and pay for college bills.
As the little runabout eased into the big water, not more than thirty yards from shore, a sleek ski boat with its three hundred horsepower inboard engine screaming at max rpms slammed into the fourteen foot runabout broadside. Immediately both boats exploded from broken fuel lines and spewing gasoline and all six people aboard the little boat died within moments of the explosion. The driver of the ski boat also died, but the young woman being towed for skiing escaped the fury by letting go of the tow rope and sliding into the water. People dockside screamed in horror and ran to the bay's edge to try and help. Within an hour, the Coast Guard and the coroner had begun wrapping up the investigation. It was, after all, a seemingly open and shut case.
Following the funerals of all the passengers of the ill fated watercraft, a boat accident lawyer met with the children of the three couples together at the barrister's office twenty miles away. The boating accident attorney began by explaining how wrongful death suits unfold. They often take several years or more to litigate, and the insurance companies often try every way possible to delay paying liability claims. There are some important pieces in the suit that must be present. He explained that he would deal directly with the insurance companies involved. The barrister explained that he would talk to witnesses, take important photos of the boat wreckage and accident locations, and if needed, would hire an accident reconstruction engineer or other professionals as needed.
The boat accident lawyer explained that through his long experience he would decide how much of a claim should be made against the person who caused the accident to occur. Factors going in to deciding the size of a claim include damage to personal property, payment of all funeral bills, property loss as well and pain and suffering compensation. The boating accident attorney also reminded all the children to continue the no communication policy with any insurance company and even to the Coast Guard unless the attorney was present during the conversation. The barrister also advised the children of the three families that night that there were no guarantees in terms of outcome of their case or any case so that no false expectations were assumed. "To everything there is a season, and a time to every purpose under heaven." (Ecclesiastes 3:1)
The boat accident lawyer also explained that there would be no expense to the children for the man's services unless a judgment was won against the driver's estate. All court costs, including expert witnesses, accident reconstruction and depositions would be paid by the attorney. According to state law and approved by the bar association, the lawyer would receive up to a third of the final monetary judgment against the driver. When asked by the children about his experience in handling boating accident wrongful death suits, the barrister shared the stories of at least twenty cases in which the attorney had won judgments for clients. He reiterated again to the children that although this case seemed pretty secure, many factors would play into what the final outcome would be.
The boating accident attorney was an older man, and when asked about his experience before moving to Minnesota, the attorney explained that he had been a maritime attorney in Florida. An attorney with this kind of experience practices cases involving incidents on federal waters, including causeways and open seas. Many cruise ships have incidents while at sea and barristers need knowledge of both maritime and admiralty law to be successful in defending the innocent and representing the accused. The litigator explained that with many maritime incidents, an attorney had to be a skilled investigator as well as litigator. The attorney told them that this investigative experience would be very helpful in their case.
Over seven hundred people are killed most years from watercraft accidents. In 2006, over fifty five hundred boating mishaps occurred, resulting in almost thirty five hundred injuries. BUIs, like DUIs are a leading cause of these accidents. The leading causes of these mishaps are alcohol, inattention by the craft's driver, inexperience at handling a boat and speed. The circumstances surrounding such a tragedy often call for boating accident attorney.