A Construction Accident Lawyer Explains Negligence and Damages

1. August 25, 2017 A Construction Accident Lawyer Explains Negligence and Damages In California, 21,200 construction workers were injured at work in 2015, resulting in 2,100 of them not being able to continue working, according to the state’s Department of Industrial Relations. Construction companies and contractors are supposed to implement safety and occupational laws to prevent these accidents. However, if you think you've been injured due to the negligence of your company or its employees, the latter can be held liable and made to pay damages. A construction accident lawyer explains the 1

2. elements that prove someone's been negligent as well as the kinds of damages you can recover and the deadline for filing a lawsuit in California. Elements of Negligence In California, the plaintiff must show that the following conditions existed to ascertain that the defendant had been negligent and prompted the injury. The “defendant” can refer to the company and specific employee who committed or omitted acts which led to the accident. To prove negligence, first, the defendant must be proven to have the responsibility of care toward the victim. Second, the defendant’s neglect must have caused the injury or injuries. Third, the defendant should have been aware of the risks of his or her action or lack of action, possibly contributing to the plaintiff’s injuries. Fourth, the claimant suffered damages and warrants compensation. Damages and Deadline for Filing Plaintiffs of construction accidents in California can recover economic and non-economic damages. Economic damages refer to monetary losses that can be objectively measured, namely past and future medical bills, loss of earnings, funeral/burial costs, costs of hiring substitute domestic services, employment loss, and missed employment opportunities. On the other hand, non-economic damages pertain to subjective losses that cannot be easily measured monetarily, such as pain and suffering, mental anguish, inconvenience, emotional distress, loss of companionship, and loss of consortium, among others. There is no cap on non-economic damages except those for medical malpractice cases which has a $250,000 cap. Furthermore, take note that in California, you may still recover damages even if you have partially caused an accident. The jury can deduct your liability based on your percentage of fault in accordance to the legal doctrine of "comparative negligence.” For instance, if the total damage is $20,000 and the jury found that the plaintiff is 20% at fault, the recoverable damages will be reduced by this percentage which means you'll only get $16,000. Lastly, in California, the statute of limitations gives the deadline for filing a lawsuit. An injured person should file the claim two years from the date of injury. If the defendant is a government organization 2

3. or department, however, you only have 6 months. You should then sue the defendant before the deadline lapses. Construction accident injuries can produce a lifetime of pain and suffering, if not short-term disability. When involved in a construction accident, consult a construction accident lawyer immediately who can help you obtain just compensation. About D & Z Law Group, LLP: If you’re in need of an experienced construction accident lawyer, consult with one of our attorneys at D & Z Law Group. Our offices in Los Angeles and Glendale can handle cases all throughout California. We can help you understand relevant laws and identify the proper course of action to take for the best outcomes. Sources: California Civil Statute of Limitations Laws, StateLaws.FindLaw.com California Negligence Laws, StateLaws.FindLaw.com 3