Construction is a necessary and beneficial part of our society, but construction sites can be hazardous. If you were injured while working on a construction site or passing by one in Monmouth County, NJ, you may be entitled to compensation for your injuries.
However, navigating construction accident claims can be complex. You may have different legal options depending on the circumstances of how you were injured. Hiring an experienced Monmouth County construction accident lawyer can make this process much easier.
You can count on the skilled attorneys at Noonan Personal Injury Lawyers, LLC to help. Contact our Monmouth County, New Jersey office at (732) 303 7857 to schedule a free consultation.
How Noonan Personal Injury Lawyers, LLC Can Help After a Construction Accident in Monmouth County, NJ
Our highly skilled attorneys have over 40 years of combined experience representing accident victims. We’ve helped our clients recover millions of dollars in compensation for their injuries.
When you hire one of our dedicated Monmouth County personal injury attorneys, we’ll help you navigate the construction accident claim process.
We’ll handle your case from start to finish, taking the following specific steps:
- Review your case and discuss your legal options, including a workers’ compensation claim and/or personal injury case
- Investigate the accident
- Gather evidence to support your claims
- Assess your damages
- Contact the insurance providers to negotiate a settlement
- Aggressively represent you in court if a favorable settlement can’t be reached
We’ll level the playing field between you and the insurance company to help you achieve the best possible outcome in your case.
Contact our office today to learn more about how our Monmouth County personal injury lawyers can help you with your construction accident claim.
How Common Are Construction Accidents in Monmouth County, NJ?
Construction is one of the most dangerous occupational industries. The top four hazards at construction sites are falls, “struck-by” accidents, caught-in/between accidents, and electrocution.
In 2020, there were 21,400 non-fatal workplace injuries in the construction industry caused by falls, slips, or trips. One reason for this is that over 60% of construction workers are exposed to heights while working. According to the U.S. Bureau of Labor Statistics, almost one in five workplace deaths occurred in the construction industry in 2021, and about one-third of those fatalities were caused by falls.
“Struck-by” accidents occur when there’s a violent impact or contact between an object and a person. In 2020, struck-by accidents caused 14,000 nonfatal construction injuries and 150 construction fatalities.
What Is My Monmouth County Construction Accident Case Worth?
There’s no simple formula for calculating the value of your construction accident case.
You may think that the value of your claim is the total of your medical expenses and lost wages, but that isn’t always the case. These are just two factors that could influence the value of your claim.
The amount you recover also depends on how you were injured. For example, if you were hurt while performing job duties, you’ll likely be eligible to file a workers’ compensation claim.
However, if a third party was responsible for your accident or you were injured while walking by, you may be able to file a personal injury claim. In that case, you’ll be able to pursue different types of damages than you would in a workers’ comp case.
The following factors may be considered when calculating the value of your construction accident case:
- Your total medical expenses
- The extent of any other damages
- Your average weekly wages
- Whether you’ve suffered a partial or permanent disability or impairment
- Whether you are a construction worker or a bystander
- Who was at fault for the accident
- The available insurance coverage and options for financial recovery
An experienced Monmouth County construction accident attorney will review your situation and explain how these factors impact the value of your case.
What Kinds of Damages Are Available to Construction Accident Victims in Monmouth County, New Jersey?
Typically, a construction worker injured in New Jersey will file a claim for workers’ compensation with their employer’s insurer.
This will entitle you to certain benefits, such as:
- Medical benefits for all reasonable medical treatment and medications
- Temporary total disability benefits
- Permanent partial disability benefits
- Permanent total disability benefits
- Death benefits to certain family members if the construction accident is fatal
However, in some cases, a construction worker can bring a personal injury claim against a third party, depending on what caused the accident. A bystander who was not employed at the construction site can also file a personal injury case.
If you are able to file a personal injury claim, the primary remedy available would be compensatory damages. These are financial remedies to compensate an accident victim for their injuries and losses. Compensatory damages can be divided into two categories: economic and non-economic damages.
Economic Damages Available in Construction Injury Claims
Economic damages relate to the financial consequences of an accident or injury.
They include:
- Past and future medical costs
- Lost wages
- Diminished future earning capacity
- Property damage
- Transportation costs
- Other out-of-pocket expenses
Because economic damages relate to specific transactions or costs, they are sometimes called tangible damages or special damages.
Non-Economic Damages That Could Be Available in Construction Injury Claims
Non-economic damages relate to the emotional or subjective consequences of an accident or injury.
They include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of companionship or loss of consortium by a loved one
- Disability or disfigurement
Non-economic damages are sometimes called intangible damages or general damages. They can be more difficult to calculate than economic damages. If you think you have any of these damages in your case, hiring an experienced construction accident lawyer will be especially beneficial.
How Much Does It Cost to Hire a Construction Accident Lawyer in Monmouth County?
Most personal injury lawyers, including ours, charge a contingency fee. This fee is collected at the end of the case – and only if the attorney successfully recovers compensation for the client. That means you don’t have to pay any attorney’s fees upfront, and the attorney only gets paid if you do.
Can I Recover Compensation if I’m Being Blamed for a Construction Accident in New Jersey?
Workers’ comp is a no-fault system. That means if you’re filing a workers’ compensation claim, you’re typically entitled to benefits even if you’re partially at fault for the construction accident.
When it comes to personal injury cases, you can still potentially recover compensation if you’re determined to be partially at fault for an accident. New Jersey follows a “modified comparative negligence” approach. A personal injury claimant in New Jersey can still recover compensation if they were 50% or less at fault for an accident. However, your compensation will be reduced in proportion to your percentage of blame.
For example, imagine that you incurred $10,000 in damages in a construction accident. If you are found to be 20% at fault, and the defendant is 80% at fault, you can still recover compensation for your losses. However, it will be reduced by 20%, so you could recover up to $8,000.
How Do I Prove My Construction Accident Case in Monmouth County, NJ?
Because workers’ compensation is a no-fault system, you don’t need to prove negligence or wrongdoing to recover benefits. You generally just need to demonstrate that your injury occurred in the scope of your job duties.
However, you will likely need to prove the elements of negligence if you’re filing a personal injury claim. Negligence means failing to act the way a reasonable person would under the same circumstances. The majority of personal injury cases are based on this legal theory.
A negligence claim has four elements. You must prove each of these “by a preponderance of the evidence” to succeed in your case.
Duty of Care
Generally, a duty of care is a requirement that a person acts toward others and the public with the amount of care, caution, and consideration that a reasonable person would in the same situation. The duty of care can change depending on your relationship with the at-fault party.
Breach of Duty
To prove that a defendant breached their duty of care, you will likely need to show that their behavior was unreasonable under the circumstances. What is considered “reasonable” can be a hotly contested issue in a personal injury case.
Causation
While they are often discussed as one element, there are actually two components to proving causation. You must prove that the defendant was both the factual cause and the proximate (or legal) cause of your injuries.
For factual causation, you must show that the accident or injury would not have occurred without the defendant’s conduct. For proximate causation, you must show that your injuries were a reasonably foreseeable consequence of the defendant’s actions, such that they can be held legally responsible for your injuries.
Damages
You must prove that you suffered injuries or other forms of harm as a result of the incident.
How Long Do I Have To File a Construction Accident Case in New Jersey?
If you were hurt on the job, you should notify your employer as soon as possible. Failing to provide prompt notice could result in a denial of your workers’ comp claim. You must file your case within two years of the date of your injury.
In general, personal injury claims in New Jersey must also be filed within two years of the date the injury occurred. If your case is not filed within this two-year time frame—also known as the statute of limitations—you will probably be barred from pursuing your claim.
There are limited exceptions to the statute of limitations. It’s important to be aware of the deadline for filing your case, and it’s a good idea to contact an experienced attorney as soon as possible.
Contact Our Monmouth County Construction Accident Lawyers for a Free Consultation
If you were injured in a construction accident in Monmouth County, NJ, you may be confused about what steps to take next. Let our experienced construction accident attorneys handle your case and fight for compensation for all of your accident-related injuries.
Contact our law office at Noonan Personal Injury Lawyers, LLC today at (732) 303 7857 to schedule a free consultation with one of our attorneys.