Construction is a necessary, critical part of society, but it’s a hazardous industry to work in. If you’ve been injured in a construction accident in Harrisburg, PA, you may be able to recover compensation for your medical bills, lost wages, and more.
Construction accident cases can be complicated, but an experienced Harrisburg construction accident lawyer can help. They can help you decide whether to pursue a worker’s compensation or personal injury claim and then help you through the legal process.
Marzzacco Niven & Associates is qualified to help you from start to finish. We have the experience and skills to fight for maximum compensation on your behalf. Your first consultation is free, so Contact our office by calling (717) 231-1640 to schedule yours today.
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How Marzzacco Niven & Associates Can Help After a Construction Accident in Harrisburg
Our nationally-recognized Harrisburg personal injury attorneys have recovered tens of millions on behalf of accident victims in Pennsylvania. Our lawyers have been recognized as:
- Super Lawyers
- Best Lawyers of America
- Super Lawyers’ “Rising Stars”
- National Trial Lawyers Top 40 Under 40
- Certified Workers’ Compensation Specialist
Further, we have over 120 years of combined experience in personal injury, workers’ compensation, and employment law—which includes working on construction accident cases.
When you hire our firm, you can count on us to take the following steps in your case:
- Investigate the accident and identify the at-fault parties
- Explain your options for recovering compensation, including any possible personal injury claim
- Ensure that you’re receiving the full extent of workers’ compensation benefits available
- Gather evidence to support your claims
- Assess the extent of your damages
- Negotiate a settlement with the insurance company on your behalf
- Take your personal injury case to court, if necessary
Your first consultation with us is free. Contact us today in Harrisburg, Pennsylvania, to learn more about how our construction accident attorneys can help with your case.
How Common Are Construction Accidents?
Construction is one of the most dangerous industries to work in. In Pennsylvania, there were 8,028 construction injuries in 2020, according to workers’ comp statistics provided by the state.
Moreover, approximately 20% of worker deaths each year occur in the construction industry. In 2019, there were 991 construction fatalities nationwide. Of those, 401 were caused by falls. Other common causes of construction accidents include electrocution, struck-by incidents, and caught-in/between incidents.
What Is My Harrisburg Construction Accident Case Worth?
There’s no simple formula you can use to estimate the value of your construction accident case. Instead, several factors will influence the value of your potential construction accident lawsuit.
- The extent of your injuries
- The amount of any property damage
- Whether you incurred other damages, such as lost wages or pain and suffering
- Whether you were also at fault in the accident
- The applicable insurance policy limits
- Whether you’re eligible to file a personal injury lawsuit
When you hire Marzzacco Niven & Associates, we’ll review these factors and explain how they may apply to your case. Keep in mind that if you only seek workers’ compensation, you will likely be limited to recovering benefits for your medical costs and lost wages.
However, a personal injury lawsuit against a liable third party can permit you to seek full compensation. Our attorneys can help you evaluate and follow through with your best course of action.
What Kind of Damages Are Available to Construction Accident Victims?
If you were injured in a construction accident and a third party was at fault (meaning, not your employer), you may be able to seek compensation for your injuries. The most common type of compensation you can recover is damages. In personal injury cases, these can be divided into economic damages and non-economic damages.
Economic damages relate to the financial costs of an accident or injury. They are also called tangible damages or special damages. They may include:
- Past and future medical expenses;
- Vehicle or other property damage;
- Lost wages;
- Loss of earning capacity; and
- Out-of-pocket expenses.
Economic damages are fairly easy to calculate because they relate to specific transactions— such as a doctor’s appointment or a vehicle repair.
However, some economic damages are more difficult to calculate and may require expert witnesses to prove. These would include anticipated costs such as future medical costs and diminished earning capacity. If you’ve incurred economic damages, an experienced construction accident lawyer will review your case and assess the extent of your damages.
Non-economic damages, as the name implies, do not relate to the financial consequences of the accident. They refer to the emotional, psychological, or subjective consequences of the accident or injury. They include:
- Pain and suffering
- Emotional anguish
- Loss of companionship or loss of consortium
- Loss of quality of life
Due to their subjective nature, non-economic damages are sometimes called intangible damages or general damages. They are harder to calculate than economic damages, because it’s difficult to place a price tag on things like emotional suffering. An experienced construction accident lawyer will review your case and calculate your economic damages.
How Much Does It Cost To Hire a Construction Accident Lawyer in Harrisburg?
Fortunately, you should not need to pay any attorney’s fees upfront in your construction accident case. Most personal injury lawyers, including ours, accept cases on a contingency fee basis. A contingency fee is paid at the end of the case, as a percentage of the client’s financial recovery. Typically, personal injury lawyers charge between 33% and 40%.
Contingency fees have several benefits for injured parties. First, the attorney only gets paid if they win their client’s case. So, if you don’t get paid, you don’t have to pay your lawyer any attorney’s fees.
Another benefit is that you know your interests are clearly aligned with your attorney’s. Because they get paid based on a percentage of your financial recovery, you don’t have to worry that your attorney is charging you for needless hours of work.
Finally, because you don’t have to pay fees upfront, you can retain legal representation no matter what your financial circumstances are.
Can I Recover Compensation if I’m Being Blamed for a Construction Accident in Harrisburg, Pennsylvania?
Whether you were at fault in a construction accident will generally not affect your workers’ compensation case, because workers’ compensation is a no-fault system.
However, it could impact a potential personal injury claim. Pennsylvania has a modified comparative negligence law that allows an injured party to recover compensation as long as they were no more than 50% at fault in the accident. If you are partly at fault, your compensation will be reduced in proportion to your percentage of fault.
If you were 51% or more at fault, then you will not be able to seek compensation from the at-fault party. If you’re being blamed in a construction accident, it’s important that you have an experienced construction accident lawyer who will fight to ensure that you don’t receive more than your fair share of the blame.
How Do I Prove Negligence in My Construction Accident Case in Pennsylvania?
If you pursue a personal injury claim following your construction accident, you will need to show that the third party who caused your accident was negligent. In a legal context, negligence means the failure to act reasonably under the circumstances.
To prove that the defendant was negligent, you must prove the following four elements:
- Duty of care. You must show that the defendant owed you a duty of care, which is a legal obligation to adhere to a certain standard of conduct. Generally, one has a duty to act the way a reasonably prudent person would in the same circumstances.
- Breach. You must then show that the defendant breached or violated their duty of care. This often requires showing that they acted unreasonably in the situation.
- Causation: You must then show that the defendant was the factual cause and legal cause of your injuries.
- Damages. Finally, you must prove that you suffered injuries or some type of loss due to the accident or injury.
You must prove each of these elements “by a preponderance of the evidence.”
How Long Do I Have To File a Lawsuit in My Construction Accident Case in Pennsylvania?
In Pennsylvania, you have two years from the date of an accident to file a personal injury lawsuit. This deadline for filing your case is called the statute of limitations. It applies to wrongful death cases, as well.
If your case is not filed within the two-year statute of limitations, you will not be able to successfully file your lawsuit. This can make it difficult or impossible to recover compensation for your injuries.
Keep in mind that there are different deadlines for filing a workers’ compensation claim. For instance, you must notify your employer within 120 days of your accident to get workers’ comp benefits.
It can be confusing to navigate these two related, but different, avenues for compensation and their deadlines. Consider hiring a personal injury lawyer to ensure that your case is filed on time.
Contact Our Harrisburg Construction Accident Lawyers for a Free Consultation
If you’ve been injured in a construction accident in Harrisburg, you may be able to recover compensation through workers’ compensation or even a third-party personal injury claim. Our experienced Harrisburg construction accident attorneys at Marzzacco Niven & Associates are here to help you navigate your legal rights and options.