With absolutely any personal injury case, you are required to adhere to a statute of limitations. This defines the amount of time you have in which to file your claim or settle it in civil court. South Carolina’s statute of limitations allows an injured party three years from the date of the accident to bring their claim or had it settled.
While you may think three years gives you plenty of time to hire an attorney, we strongly discourage you from waiting to do so. It is extremely important to hire an attorney right away so that they are able to build you a strong case without being pressed for time or without having a hard time tracking down your witnesses and evidence.
If you wait longer than three years to bring a case, then you are no longer eligible to get compensation. You are not permitted to bring a case past the statute of limitations because this is a law and must be abided by.
Construction accidents are very different than a personal injury case when it comes to how the victims receive their compensation award. Typically, when someone is injured on a construction site, they are the employee who was injured in a workplace accident. When you are hurt at work, you are going to be seeking compensation through your employer. Workers’ compensation covers your past and future lost wages and medical expenses.
In some cases, you are going to be able to seek damages through a personal injury case. That typically happens when you are involved in an accident caused by a third party. You are not allowed to bring a case against your employer, but, if there is a third party such as a scaffolder, you can bring a case against that negligent party.
There will have to be some proof that you were injured due to their actions or inaction that your injury could have been avoided if they had acted in a different way. An attorney will be able to help you determine which type of case you have and how much your case is potentially worth to get you the fullest compensation.
You have to do three very important things if you want to ensure that you are going to be fully and fairly compensation for your damages:
Above all else, what you need to do before leaving the construction site is report your injury. Do not leave there without telling your employer that you have been injured. That report may go through your supervisor or your project manager. Either way, you need to make sure that they have it down on paper how you were injured and when you got hurt. Keep a copy of that as you need to be able to use it for reference later in your case.
Medical attention is going to be the most important step in terms of getting yourself physically better. Your health recovery is probably more important than anything else. You should never avoid seeking treatment as you may just make your injuries worse. You do not want them to turn into something that keeps you from enjoying your life. The sooner you get yourself in front of a medical professional, the better off you will be. If you wait to seek treatment, you will likely get worse and you will also raise the suspicions of the insurance company. They might think that you lied about your injuries or how you got them, and they will try to reduce your compensation or eliminate your case altogether.
Third, you need to find yourself an attorney who is experienced in handling these cases. You want to be able to rely on this person to represent you well. They are going to be the biggest influence on whether or not you are getting the fullest compensation award possible or not. Research your attorney and ensure that they have the experience necessary to be successful.
I had a roofer call me last week. They had fallen off a roof while building a commercial building in Aiken, South Carolina. He asked me what he should do in regard to his case. I’ll share with you what I shared with him.
The first thing you should do is seek medical treatment. The second thing you should do is report the injury to the construction company superintendent. Follow all doctor advice and get the treatment you need. Do not give a statement to an insurance representative about the case. Insurance adjusters are trained to get information favorable to their case and not favorable to your case.
Lastly, consult with a construction accident attorney that has knowledge of OSHA rules, that has knowledge of federal rules involving construction sites, as well as building code violations. If you have any questions about your construction accident case, give us a call. We’d be happy to help.
I had a client call me last week who was involved in a bad construction accident in Columbia, South Carolina while building a commercial office building. They asked me, “How do you determine the value of a construction accident case in South Carolina?” If you’re reading this, you may have similar questions. I’ll share with you what I shared with them.
There are many factors that go into determining the value of a case, including the amount of injuries, the type of injuries, the amount of medical bills, the amount of lost wages, and the permanent limitations that the injuries cause. Also, a big factor in determining the amount of compensation is how at fault the party is. Are they admitting liability, or is the liability contested? Another factor that enters into the amount of a construction accident case is what the insurance limits are for the at-fault party.
If you have any questions about your construction accident case, give us a call. We’d be happy to help.
I had a client call me last week who had been badly injured when they fell off a scaffolding while building a hotel in Charleston, South Carolina. The client asked me how long it would take to resolve a construction case in the state of South Carolina. If you’re reading this, you may have a similar question. I’ll share with you what I shared with that client.
The statute of limitations in South Carolina is three years to either settle the case or file a lawsuit. Many factors go into the length of the case. Many times, we don’t start negotiating with the at-fault party until the client reaches maximum medical improvement. We don’t want to settle a case, and then the client needs another surgery or more medical treatment. Factors such as medical bills, medical treatment, limitations, lost wages, and how reasonable the at-fault party’s insurance company is acting and how clear the at-fault party’s liability all come into play.
If you have any questions about a construction accident or how long a case against a construction company will take, give us a call. We’d be happy to help.
I had a client call me and talk to me about a construction accident case that he had in Greenville, South Carolina. He was injured while helping build a mall in Greenville, South Carolina, and I learned, after talking with him, of some mistakes that he had made in his case. I’ll share with you some of these mistakes, so hopefully you won’t make them as well.
First of all, the client did not report the accident to the construction superintendent at the time. He didn’t call the construction company until a couple days later. The client also had not followed up with the emergency room doctor’s advice to go see an orthopedic surgeon, either. I informed the client that it was very important to take all the doctor’s recommendations. The client also had given a statement to a construction company’s insurance adjuster, and I’m afraid that the client may have given information to that insurance adjuster that will be detrimental to his case.
Hopefully these tips will help you. If you have a construction accident case, if you would like to discuss your case, give us a call. We’d be happy to help.
I had a client call me yesterday who had been involved in a construction accident in Lexington, South Carolina in which a forklift had driven over their foot and broken their foot. The client asked me if he should report this forklift construction accident to the construction superintendent. If you’re reading this, you may have the same question. I’ll share with you what I shared with my client.
Yes, report the accident to the construction superintendent. That construction superintendent will potentially take statements of witnesses and take photographs. That information, as far as witness identification and photographs, may be important in the case in the weeks, months and years to come. It all starts with reporting the accident to the construction superintendent.
If you have any questions at all about your construction accident case, give us a call. We’d be happy to help.
I had a client call me the other day who was involved in a construction accident out at the Savannah River Site in South Carolina, and they asked me, “How do you hire a construction accident attorney?” If you’re reading this, you may have the same question. I’ll share with you what I shared with that client.
It’s important to meet with an attorney in person. Ask that attorney what kind of experience the attorney has with construction accidents. Are work injuries in construction accidents a core of that attorney’s practice? Is that attorney a personal injury trial lawyer, or does he do other types of cases, like divorce or DUIs or criminal cases? Make sure that attorney has a personal injury trial focus. Ask that attorney if he’s a trial lawyer and does focus groups of all cases going to trial. It’s important for the attorney to work the case like it’s going to trial, and he’ll get a more favorable result for his clients. Ask the attorney if he has the resources to hire experts on construction processes, OSHA rules and regulations, and building code issues.
I also told the client that it’s important to look at online reviews. What do past clients say about this construction attorney? Has he received good results from clients? Are they satisfied? See what kind of Avvo reviews, Google reviews, Facebook reviews these lawyers have. Also, look at how other lawyers are rating this lawyer. Look at Super Lawyers, Martindale-Hubbell, 100 High Stake Litigators, and see what kind of lawyer-to-lawyer ratings the attorney receives.
Once you’ve met with the lawyer, ask questions and then look at online reviews from clients and other lawyers to make your decision. If you’ve got any questions about your construction accident in the state of South Carolina, give us a call. We’d be happy to help.
I had a man that was badly injured in a construction accident case out at the Savannah River Site call me and ask me if he can sue his immediate employer for pain and suffering and torte damages. If you’re reading this, you may have the same questions. I’ll share with you what I shared with my client. The answer is no. In the state of South Carolina, you cannot sue your immediate employer for torte damages and pain and suffering in circuit or federal court. You are limited to workers’ compensation benefits under the state of South Carolina. Those benefits would allow lost wages, medical bills, and a permanent impairment rating, but they would not allow pain and suffering.
However, in South Carolina, if there are subcontractors or other companies not affiliated with your immediate employer that caused your workplace construction accident, you can sue those non-employer affiliated companies in torte, in circuit court, or in federal court for your work injuries.
If you have any questions at all about your construction accident, give us a call. We’d be happy to help.
If you have been severely hurt in a construction accident, please contact us as soon as possible to set up your free initial consultation with our North Augusta construction accident attorneys. We will keep you on the path to getting full and fair compensation.