What Should I Do if I Broke My Arm on a Construction Site - morgan and morgan
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What Should I Do if I Broke My Arm on a Construction Site?

What Should I Do if I Broke My Arm on a Construction Site?

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What Should I Do if I Broke My Arm on a Construction Site?

Construction site accidents are common all over the United States. But the sad truth about such accidents is that most of them are avoidable. A simple act of negligence is all it takes to suffer life-changing injuries at a construction site. If you or your loved one has been harmed by someone else's negligence under similar circumstances, you may be eligible for compensation. 

Knowing what to do after such an accident could influence the outcome of your case. For example, a broken arm means expensive visits to the doctor and a temporary or permanent change in lifestyle. Whatever the outcome, here's everything you need to know about these kinds of accidents and what to do in the unfortunate event that you're the victim.

Seek Medical Treatment

Seeking medical treatment is the first and most important thing to do when involved in such an accident. At that point, your health comes first. You want to make sure that your arm is properly taken care of by a professional. 

Not seeking medical attention could further complicate things down the line. When certain injuries are left untreated for a certain period, it may be difficult to reverse some effects. For instance, extreme damage to your nerves could lead to permanent or partial paralysis, and that's something you could avoid by seeking urgent medical attention after such an accident.

Additionally, visiting a doctor sets the foundation for your claim if you decide to pursue legal action against the negligent party. To prove your injuries, you'll need medical records, including doctor's reports, showing the type and extent of injuries. Without this documentation, the defendant could simply argue that you're exaggerating your injuries or you weren't injured in the first place. 

Collect Evidence of the Dangerous Condition 

Understandably, collecting evidence after a construction site accident isn't always the easiest thing to do. This is because you may be in extreme pain at that moment. But in such a case, every effort counts. For example, if you get a chance to take pictures or videos of the dangerous condition that led to your injury, don't hesitate to do so.

Collecting evidence could also mean identifying any eyewitnesses at the injury scene. If possible, collect their contact information; their testimony could significantly change the course of your claim. 

Examples of Dangerous Conditions at Construction Sites

Given that construction sites involve numerous hazards, construction companies must meet certain requirements to protect their workers and the public from injuries. Some common dangerous conditions at construction sites include: 

Lack of Proper Warning Signage 
A simple sign, such as "Beware of Falling Objects" could save a life. But unfortunately, some construction companies don't take such simple gestures seriously, putting other people's lives at risk in the process. 

Unsafe Construction Equipment 
Construction companies must ensure that their equipment is safe for construction workers or any other party involved in the construction process. For example, an unsafe ladder could leave you with several broken bones. 

Lack of Safeguards
Safety should always be the number one priority before and while embarking on any construction project. Missing safeguards could lead to severe injuries such as broken bones, spinal cord injuries, brain damage, or even death. 

Lack of Fall Protection
Fall protection systems such as travel restraints can help prevent serious injuries if something goes wrong at a construction site. Given that it's difficult to predict when such accidents will occur, construction companies should always prepare for different scenarios by setting up fall protection systems. These systems vary depending on the nature of the construction work. 

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FAQ

Morgan & Morgan

  • Talk to a Personal Injury Attorney

    A personal injury attorney is the professional you need to fight for you while recovering from your injuries. When you contact Morgan & Morgan construction site attorneys, they'll review your case and establish the best legal strategy to pursue a claim against the negligent construction company. 

    Remember, construction companies must have a certain level of liability insurance to protect them from such claims. This means that if they're liable for your injury, their insurance companies should settle your claim. But the biggest challenge with dealing with insurance companies is that they'll always try to come up with ways to avoid the financial responsibility of compensating victims of their insured's negligence. This explains why you need an attorney to fight for your rights.  

    However, having just any kind of personal injury attorney isn't enough. Instead, you need an attorney with adequate resources to pursue your claim against insurance companies. 

    The truth is, most insurance companies are bullies. They'll dismiss your claim even without conducting a thorough investigation. This is because they understand the heavy price to pay for negligence. However, having an experienced personal injury attorney from Morgan & Morgan means you can confidently pursue your claim without fear or intimidation by insurance companies.

    We are the largest personal injury law firm in the United States and have dealt with every kind of bully we've come across in our line of work. As a result, we've helped our clients recover a combined total of over $10 billion worth of compensation for various injuries. With such an incredible success rate, we've built a name for ourselves when it comes to personal injury litigation.

    This means that the decision to work with us is a huge step towards winning your claim. Insurance companies know that Morgan & Morgan attorneys do not settle for anything less than what we believe you deserve as compensation. And if they're not willing to settle your claim, we'll see them in court. 

    Proving Negligence in a Construction Site Lawsuit

    If you broke your arm at a construction site due to someone else's negligence, you'd still need to prove the negligent act. This is usually one of the most difficult things to do in a personal injury lawsuit, even if the negligent act is quite clear.

    For example, if you fall off a faulty ladder and break your arm, it may seem obvious that the ladder was faulty. However, it is difficult to prove that the ladder was faulty and that you used it as intended. In an attempt to avoid responsibility, the other party might argue that you didn't use the ladder as you should.

    This is just an example of how certain situations may be overturned in favor of the defendant, especially if you don't have an experienced attorney representing you. Personal injury attorneys specializing in construction site injuries are usually familiar with construction site laws. For this reason, they usually have a better chance of proving negligence. 

    Generally, this attorney can help prove:

    Duty of Care
    As strange as it sounds, the other party may not be responsible for your safety. It's, therefore, the plaintiff's responsibility to prove that the construction company owed them a duty of care. For instance, as a pedestrian walking down the street, the last thing you expect is a random object from a construction site crushing your arm. But accidents like these do happen quite often. In that case, the construction company owes the general public, including you, a duty of care by ensuring that the construction area is safe.

    Suppose safety cannot be guaranteed due to the nature of that particular construction project. In that case, the construction company must warn civilians about the dangerous conditions by setting up clear and visible signage around the danger zones. 
     
    Without duty of care, it may be difficult to hold the construction site responsible for your injuries. Working with an experienced personal injury attorney helps establish that the defendant owed you a duty of care.

    Breach of Duty of Care
    After establishing the duty of care, a personal injury attorney will also help establish that this duty was breached. In other words, they will help prove negligence. For instance, did the construction site fail to put up clear signs warning the public about a dangerous condition? Did the company fail to maintain its equipment, causing you harm? Or did the construction company fail to clear certain items from the site after construction, leading to your injury? Regardless of the reason behind your injuries, a personal injury lawyer will help establish negligence. 

    Injuries Caused by Breach of Duty
    The unfortunate truth about personal injury cases is that establishing the duty of care and breach of duty of care is not enough to win a claim. Instead, a personal injury attorney must go a step further to prove the connection between your injuries and the other party's negligence.

    Medical reports are not enough to prove this connection, but they're a great starting point. Remember when we discussed the importance of seeking medical attention right after the injury? It helps establish the nature of the injuries, connecting them with the defendant's negligence.  

  • What Not to Do After a Construction Site Accident

    To further understand the importance of medical reports in proving the connection between the other party's negligence and your injuries, let's discuss things you shouldn't do after such an accident. 

    Not Following Doctor's Advice 

    One of the most common mistakes many people make after construction site accidents is not following their doctor's advice. For example, suppose the doctor recommends physical therapy, but you refuse to do so because you feel a little bit better than you did after the accident. In that case, the defense could argue that you weren't injured in the first place and that your claim is fraudulent.  

    Taking Too Long to Seek Medical Attention 

    And that's not all; the timing also matters. If you take too long to see the doctor, the defense could argue that the construction site had nothing to do with your injury. Even if you know that you got injured at the construction site, the burden of proof becomes heavier when you miss a step as crucial as seeking immediate medical attention.

    The defendant can simply argue that you got injured elsewhere, and it will be your attorney's responsibility to prove otherwise.

    Not Contacting an Attorney Quickly Enough 

    Still on matters concerning timing, failure to contact a Morgan & Morgan attorney could further jeopardize your claim. This is because it is much more difficult to prove the existence of the dangerous condition at the construction site, especially if you don't have any evidence of the same. 

    Construction site accidents involve thousands of dollars as compensation and even more depending on the nature of the injury. Such companies may also have to deal with serious consequences of their negligence. For example, they may have to pay higher insurance premiums or even face bankruptcy if the claim is worth more than their insurance coverage. 

    As a result of the risks involved, there's a high possibility that some rogue construction companies may attempt to get rid of crucial evidence, making it much more difficult to prove negligence. 

    Construction site lawsuits, like other personal injury cases, are time-barred. The statute of limitations for construction site accidents varies from one state to another. So if you take too long to talk to an attorney, you may not be legally allowed to file a lawsuit against the negligent party.

    Discussing the Injury on Social Media 

    Lastly, avoid discussing the injury on social media or with anyone else other than your attorney. This is because the other party's insurance companies will hire claim adjusters to evaluate the value of your claim. The primary duty of a claims adjuster is to limit the amount of money insurance companies ought to pay as compensation for their insured's negligence. 

    For this reason, claims adjusters may contact you to find out more about the accident. In reality, they'll try to find reasons to limit the amount you're entitled to as compensation or dismiss the entire claim based on what you disclose during the conversation. Other than general details such as the date and time of the accident, you should always refer the other party or their representatives to your personal injury attorney if they need further information about the accident.  

  • Morgan & Morgan Is Here to Help 

    If you or your loved one has suffered a broken arm due to someone else's negligence, you may be able to recover damages such as loss of wages, past, present, and future, medical costs, pain and suffering, etc. All you need to do is contact a Morgan & Morgan personal injury attorney at 877 607-1071 for a free case evaluation. We may be able to get you the compensation you need and deserve. 

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