Construction work is an inherently dangerous industry, with workers facing numerous risks on a daily basis. These risks can range from falls to exposure to hazardous materials and equipment malfunctions.
Despite safety measures put in place by employers, accidents still occur regularly, often resulting in serious injuries or even death. In New Mexico, construction accidents are unfortunately all too common, with many workers suffering from injuries that could have long-term effects on their health and well-being.
If you or a loved one has been injured in a construction accident, it is important to seek legal representation as soon as possible. A qualified construction accident lawyer can help you understand your rights and options and guide you through the complex legal process of filing a claim for compensation.
That’s what our team does at Olson Personal Injury Lawyers. With our team’s expertise and experience, we can ensure that you receive the maximum amount of damages possible, helping you to cover medical expenses, lost wages, and other costs associated with your injury.
Call us today at (505) 391-4149.
When to Hire a New Mexico Construction Accident Attorney
Construction work is an inherently dangerous industry, with workers facing numerous risks on a daily basis. These risks can range from falls to exposure to hazardous materials and equipment malfunctions.
Some common types of construction accidents include:
- Falls from scaffolding or ladders
- Equipment malfunction (e.g., crane accidents)
- Trench collapses
- Electrical injuries
- Exposure to toxic chemicals
These accidents can easily lead to a variety of injuries. Injuries sustained in construction accidents can range from minor cuts and bruises to more serious conditions such as broken bones, spinal cord injuries, and amputations.
Some of the most common types of injuries sustained in construction accidents include:
- Fractures: A fracture is a break or cracks in a bone. In construction accidents, fractures can occur as a result of falls from heights, being struck by heavy objects, or other types of trauma.
- Sprains and strains: Sprains are overuse injuries that occur when the ligaments connecting bones in a joint become stretched or torn. Strains are similar but involve the muscles instead of ligaments. In construction accidents, sprains and strains can occur as a result of repetitive motions, awkward postures, or sudden twisting or turning movements. These injuries typically heal with rest, physical therapy, and other treatments.
- Concussions: A concussion is an injury to the brain that occurs when it hits something hard or is shaken violently. In construction accidents, concussions can occur as a result of falls from heights, being struck by heavy objects, or other types of trauma. These injuries can range in severity and may cause symptoms such as headaches, dizziness, memory loss, and difficulty concentrating.
- Burns: Burns are injuries that occur when skin comes into contact with a hot surface or is exposed to fire or chemicals. In construction accidents, burns can occur as a result of exposure to flames, chemicals, or other hazardous materials.
- Crush injuries: Crush injuries are injuries that occur when the body is trapped or compressed between two heavy objects. In construction accidents, crush injuries can occur as a result of being struck by heavy machinery, falling debris, or other types of hazards. These injuries can be severe and may require surgery, physical therapy, and other treatments to heal properly.
Accidents and their resulting injuries can easily leave victims in a financial pit that, if they are not careful, can be impossible to pull themselves out of. Insurance policies and workers’ compensation benefits might be there to alleviate the financial strain, but insurance providers will rarely be on your side in the event of a claim.
After all, while they offer protection in the event of a disaster, they are still businesses looking to make money. This means that the less they hand out, the more secure their bottom line will be.
This is why you need a New Mexico construction accident attorney. Having an attorney on your side allows you to level the playing field and ensure that you receive the compensation you are entitled to after being involved in a construction accident.
Here are some specific ways that a construction accident attorney can help:
- Negotiate with insurance companies: Insurance providers will often try to settle claims for as little as possible, which can leave victims shortchanged. A construction accident attorney can negotiate on your behalf and fight for the compensation you deserve.
- Investigate the accident: An experienced attorney will be able to investigate the accident thoroughly and gather evidence that supports your claim. This may include witness statements, medical records, and other documentation related to the incident.
- Determine fault: In some cases, it can be difficult to determine who is at fault for a construction accident. A construction accident attorney can help you understand the legal concepts surrounding liability and work to establish fault in your case.
- Advise you on your rights: If you are not sure about your legal rights after being involved in a construction accident, an attorney can provide guidance and advice. They will be able to explain the different types of compensation available and help you understand how to pursue them.
- Represent you in court: In some cases, it may be necessary to go to court to resolve a construction accident claim. A construction accident attorney can represent you in court proceedings and argue for your rights before a judge or jury.
Having an experienced construction accident attorney on your side can make all the difference in the outcome of your case. They will be able to navigate the complex legal system and fight for the compensation that you deserve after being involved in a construction accident.
Let’s go over a few situations that warrant the intervention of a New Mexico personal injury lawyer.
Dealing With Workers’ Compensation Limitations
If you are injured on the job as a worker on a construction site, you may be entitled to workers’ compensation benefits. However, these benefits have certain limitations, such as a cap on the amount of damages that can be awarded.
A construction accident lawyer can help you understand your rights and options when it comes to workers’ compensation and guide you through the process of filing a claim for maximum compensation.
Third-party Liability Claims
In some cases, third parties may be liable for construction accidents. For example, if a piece of equipment malfunctions and causes an injury, the manufacturer of that equipment may be held responsible.
A construction accident lawyer can help you identify potential third-party liability claims and guide you through the process of filing a claim against these parties.
Wrongful Death Lawsuits
If someone dies as a result of a construction accident, their family may have grounds for a wrongful death lawsuit. A construction accident lawyer can help you understand your rights and options when it comes to pursuing a wrongful death claim and guide you through the complex legal process involved in filing such a lawsuit.
The New Mexico Statute of Limitations for Construction Accidents
In New Mexico, the general statute of limitations for personal injury lawsuits, including construction accidents, is three years from the date the injury occurred [New Mexico Statutes Section 37-1-8 (2021)]. This means you have three years to file a lawsuit against the negligent party responsible for your accident.
There’s an important exception to the three-year rule known as the discovery rule. This applies when the full extent of your injuries isn’t immediately apparent.
In addition, you may take action for property damage within a period of four years from the accident. This, however, concerns personal injury cases more than it does workers’ compensation claims.
The clock on the statute of limitations starts ticking when you knew or should have known through reasonable diligence that you were injured and the injury was caused by the accident.
Time flies when you’re dealing with an unexpected accident, especially if it results in personal injury. It can be easy to overlook the passage of time as you focus on recovering from your injuries or managing other aspects of your life.
However, it is crucial not to let too much time pass before filing a lawsuit against the responsible party. There are several hindrances that may slow down your claim and cause delays in receiving compensation for your injuries.
These include:
- Medical treatment: If you require extensive medical care or rehabilitation, it can take longer to recover fully from your injuries. This delay could impact the timeline of your lawsuit as you focus on getting better.
- Witness availability: In some cases, witnesses may not be available for interviews or testimony due to distance, illness, or other reasons. This could slow down the investigation and discovery phase of your case.
- Legal representation: If you don’t have a lawyer representing you in your personal injury lawsuit, it can take longer to navigate the legal system and gather the evidence needed to support your claim.
- Insurance claims: The act itself of filing an insurance claim may also delay your lawsuit as the insurance company reviews your claim and negotiates with the responsible party.
- Court backlog: If there is a significant backlog in the court system, it could take longer for your case to be heard and resolved.
It’s essential to act quickly after an accident or injury to ensure that you don’t miss any critical deadlines. Consulting with an experienced personal injury attorney can help guide you through the legal process and protect your rights as a victim of negligence.
How to Make a Construction Accident Claim
If you have been injured in a construction accident, it is important to know your rights and take the necessary steps to protect yourself. Here are some general guidelines for making a construction accident claim:
- Seek medical attention: The first step after being involved in a construction accident is to seek medical attention. Even if you do not think you were injured, it is still important to be checked out by a doctor. This will help document your injuries and any potential long-term health effects. Furthermore, It is important to continue following up with medical treatment in the long run. This will help document any ongoing injuries or health issues and ensure that you receive the compensation you are entitled to.
- Gather information: It is important to gather as much information about the accident as possible. This includes the names of all parties involved, contact information for witnesses, and any documentation related to the construction site or project.
- File a police report: If the accident was severe enough, it may be necessary to file a police report. This will provide documentation of the incident and help establish fault.
- Notify your employer or insurance company: If you were injured while working on a construction site, it is important to notify your employer as soon as possible. They will be able to provide information about workers’ compensation benefits and other resources available to you. If you were not working at the time of the accident, contact your insurance company to report the incident.
- Contact an attorney: An experienced personal injury attorney can help guide you through the process of making a construction accident claim. They will be able to advise you on your legal rights and represent you in negotiations with insurance companies or other parties involved.
Keep in mind that these steps are a general guide, and the best course of action will vary with each case.
Above all else, be patient; making a construction accident claim can be a lengthy process, so it is important to be patient and persistent. Keep all communication lines open with your attorney and insurance company, and be prepared for potential delays or setbacks.
When You Need a New Mexico Construction Accident Law Firm, Choose Olson Personal Injury Lawyers
Construction accidents can be incredibly serious, leading to severe injuries and financial strain. Alongside the physical harm, victims often encounter substantial medical expenses, lost income, and other related costs.
It’s crucial to act swiftly and seek legal support following a construction accident to safeguard your entitlement to compensation.
If you’ve suffered from a construction accident, swift action is key to securing your compensation rights. At Olson Personal Injury Lawyers, we specialize in handling construction accident cases and can provide expert guidance throughout the legal proceedings.
We offer complimentary consultations to all potential clients, so reach out to us without delay to arrange a meeting.
Having a skilled and reputable legal team by your side can significantly impact the outcome of your construction accident claim. At Olson Personal Injury Lawyers, we boast a track record of success, backed by numerous accolades and acknowledgments for our dedication to personal injury cases.
We’re committed to diligently collecting evidence, negotiating with insurance firms, and representing your interests in court if necessary. Get in touch with us today at (505) 391-4149 to set up a consultation and initiate the process of securing the compensation you’re entitled to.