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If you have been injured in a construction accident, there is a chance that you may be able to file a lawsuit to seek compensation. The California construction accident lawyers at The Law Offices of Preston Easley, APC can fight for you every step of the way.
One of the key legal requirements in any personal injury case is that you are able to prove that the responsible party was the cause of your injury. This chain of causation could be partially or completely severed when you bear blame for the accident. Because the responsible party may owe you a substantial amount of money, they will not hesitate to cast blame when they know that it can save them from having to fully pay you.
The first step that you need to take after you have been hurt in a construction accident is to speak with a personal injury attorney at The Law Offices of Preston Easley, APC. We are standing by and ready to speak with you during a free initial consultation.
How Comparative Negligence Applies to Your Personal Injury Case
If you are able to prove that a third party other than your employer was responsible for your construction accident injuries, you may be able to file a personal injury lawsuit against them. If you can win, you would receive more payment than you would in a workers’ compensation case. However, even if you have evidence of that third party’s negligence, you may be subject to claims that you were the one who was at fault for the accident. While workers’ compensation is not a fault-based system, personal injury law is, making it crucial that you fight back when you are blamed for your own accident.
California uses the law of pure comparative negligence and personal injury cases. The fact that you may bear some of the blame for the accident does not preclude you from receiving some compensation for your injuries. However, the amount of your recovery is reduced by the percentage of the blame that you bear. Accordingly, it is crucial that you are able to disprove these allegations, so you can receive full financial compensation for your injuries.
The responsible party’s insurance company has a powerful motivation to point a finger at you because it means that they would not have to fully pay you. They will conduct their own investigation, which could lead to them blaming you because it is in their financial interests. If these allegations are left uncontroverted, you may get less money for your injuries, or even nothing at all.
You Must Fight Back When You Are Being Wrongfully Blamed
If you are blamed for a construction accident, not only would you need evidence to show that the third party was at fault, but you would also need proof of your own side of the story. As unfair as it seems, your case is every bit as much about defending yourself as it is about showing that someone else was at fault. Your construction accident lawyer can conduct an investigation, and they can use the following sources of evidence in an attempt to exonerate you:
- Testimony from eyewitnesses who saw the accident or what you were doing immediately prior to it
- Pictures from the scene of the accident
- The police report of the accident
- Testimony from an accident reconstruction expert
- Fact evidence that your attorney gained through depositions in the discovery phase of a lawsuit
You do not have to accept any allegations that are made against you. To the contrary, you must fight them in every way if they are not correct. If you are getting nowhere in settlement negotiations because the defendant insists on continuing to blame you, there is no choice but to go to trial and let a jury decide the matter. The risk that you take is that a jury could find that you were even more to blame than the percentage that is already being assigned to you in settlement negotiations. However, it is a risk that you may have no choice but to take to secure your financial future.
Besides contacting an experienced California construction accident attorney, the best thing that you can do to prevent yourself from being wrongfully blamed is to keep quiet after the accident to the fullest extent possible. If you speak to others, or you post publicly about what happened, you may be giving the defendant an opening to question your side of the story and the evidence that they need to make these allegations stick.
Contact a Riverside Construction Accident Law Firm Today
If you or a loved one has been injured in a construction accident, reach out to an experienced attorney at The Law Offices of Preston Easley, APC. You can schedule a free initial consultation to discuss your case with one of our California construction accident lawyers by filling out an online contact form or by calling us today at 310-773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
