Working in construction can come with many serious accident and injury risks, including excavation accidents. An excavation or trenching accident can lead to serious injuries, such as broken bones, spinal cord injuries, and traumatic brain injuries.
If you suffered a serious injury or a loved one lost his or her life in an excavation accident in West Virginia, contact Robinette Legal Group, PLLC for a free case evaluation. Our lawyers have recovered millions of dollars for injured victims and know how to handle complicated construction accident cases.
Why Should You Hire an Attorney?
In an excavation accident lawsuit, you will most likely be going up against a powerful adversary, such as a construction company or insurance corporation. These companies will have the resources and ability to combat your case and devalue your claim. Handling your case alone could put you at risk of accepting less than you deserve for your serious injuries. However, hiring an attorney allows you to even the playing field.
Your attorney can negotiate with an insurance company for you to make sure you receive adequate financial compensation for your injuries and losses. More importantly, your attorney can answer your legal questions and provide the advice you need during this difficult time. A lawyer can gather evidence and investigate your accident for you while you heal from your injuries.
Why Do Excavation Accidents Happen?
An excavation accident describes any incident that results in injuries to workers or bystanders during the excavation process. Excavation uses heavy machinery, equipment, or explosives to move earth, rock, or other materials during construction projects.
Excavation requires dangerous tools such as backhoe loaders, bulldozers, trenchers, crawler loaders, and excavators. It involves trenching, tunneling underground, wall shafts, digging, and site development. It takes special skill, experience, and attention to detail to properly and safely excavate a construction site. Unfortunately, not all heavy industrial contractors and construction companies are up to the task.
The most common cause of excavation accidents in West Virginia is negligence. Negligence in personal injury law refers to a careless failure to act in a reasonable manner, resulting in injury or harm to others. If a construction company is negligent, such as by failing to properly train its employees or maintain its heavy machinery, this could cause a harmful excavation accident.
Who Is Liable?
Liability is the legal term for financial responsibility for someone’s injuries and losses after a preventable accident. If a party is liable for your excavation accident, it means that they are responsible for paying for your related medical bills, property repairs, lost wages, pain and suffering, and other losses.
In most cases, the party that is liable for an excavation accident is the one that breached a duty of care and caused the accident. A duty of care is a legal obligation to act in a reasonable and prudent manner. If a construction company or one of its employees failed to act in a way that a prudent party would have in the same circumstances, and this resulted in your excavation accident, that party is liable for your losses.
Workers’ Compensation vs. Personal Injury Lawsuit
If you were injured in an excavation accident at work, you may qualify for workers’ compensation benefits in West Virginia. You do not need to prove fault or liability to obtain financial compensation through this legal option. However, you may receive less than you would with a personal injury lawsuit against a negligent party. To discuss all of your legal options in detail, contact an attorney.
Contact Robinette Legal Group, PLLC Today
At Robinette Legal Group, PLLC, we have significant experience handling excavation accidents and other types of construction accident cases throughout West Virginia. Our lawyers have everything you need for a strong claim to damages, as well as the information that can help your family move forward. Contact us today for your free case evaluation. Call (304) 594-1800 now.