One of the ways by which a construction accident attorney would be able to win an injury claim is to make sure that the liable party is clearly identified. Keep in mind that, in a construction accident, weight is placed on the legal definition of negligence. This would also mean that, depending on the state you are in, you might also have to think about shared fault.
Elements of Negligence
When determining who is the at-fault party, a construction accident attorney would usually consider the presence of the following elements in order to establish negligence:
For an injury to be ruled as negligence on the part of the defendant, the latter should have a legal duty to the plaintiff.
The plaintiff would have to show that the defendant breached the abovementioned legal duty.
It is also the responsibility of the plaintiff to prove that their injury was brought about by the defendant’s breach of their legal duty. In most cases, this can be quite obvious, but there are some where the injuries show up only after a few months. This is when causation can be harder to prove.
Of course, the plaintiff has to show the presence of actual damages because of the incident, usually monetary. Some of the more common evidence of damage would include hospital bills.
Now, you have to keep in mind that not all situations require the presence of all four elements. In some construction accidents, if there is an intentional conduct on the part of the defendant, that would already count as negligence.