Lawyer Wu

I was hurt when I was hit by flying debris on a construction site. Is winning a construction accident case like this a sure thing?

It’s true that a case like this may initially look cut and dried. But there are issues to check out before the insurance adjustor can determine exactly what happened and who is responsible, as well as to what extent and for what amount. Without all the details, you cannot assume that anything is a slam-dunk.

In fact, that’s why in legal matters there is a period of investigation known as “discovery.” During the discovery phase of a case, both plaintiff and defendants look into the details more carefully in order to answer those questions. This may include taking depositions (getting certain people to answer questions under oath), finding witnesses, and inspecting contracts and policies. It may also involve hiring one or more experts to investigate the case and report their findings. For instance, construction experts may take a few trips to the worksite to evaluate the physical conditions and how work is conducted in that company. They may check to see if safety measures are adequately in place, the condition of the equipment, whether safety regulations are adhered to, how scrap and debris are handled, and if the proper chain of command is followed.

Of course, you could be scrutinized as well to see whether you are in some way responsible for getting hurt. If you were a worker on the site, were you following safety rules? If you were simply passing by or through the area, did you obey signs regarding dangerous conditions? For that matter, were there any signs posted or barriers or cones placed? If the matter is serious enough to take to trial, your attorney may also consult with an expert in jury selection for your type of situation to create the best outcome. And there are experts who can artificially reconstruct an accident scene on video to give more visual impact to your argument.