Working in construction can come with many serious work accidents 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 reasonably, 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 reasonably and prudently. 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.

Call us today to find out how we can help you.

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Our Case Results

Crushed Foot Injury

While working in Morgantown, WV for a large national retailer, our client, a young woman in her early twenties, was ordered to use equipment that she was not properly trained to use. In the course of attempting to complete her task, she sustained a severe crush injury to her foot. Due to this incident, our client lost full use of this foot for the rest of her life and was living with chronic, persistent pain.

Our firm was able to obtain a sizable settlement which took care of all her medical bills and future treatment for her foot injury. The settlement was ample enough to allow this young woman to go back to college and retrain for employment which will accommodate her permanent disability.

Crushed Leg Injury

Imagine having your leg crushed so badly in an accident that you have to undergo two surgeries to insert multiple pins and have a rod hammered into the bone just to stabilize the femur. Unfortunately, the first rod inserted into the bone didn’t accomplish the desired effect, so the rod had to be removed and surgically reinserted. Imagine the great pain, the months of therapy and recovery, and the frustration of knowing you can never return to the type of work you have performed for decades.

Jeff Robinette was able to obtain a great enough settlement to pay this man’s medical bills in their entirety and money enough to start a new business so he could work and live a productive life even with his permanent impairment.

Brain Injury

While timbering in WV, a heavy equipment operator sustained a permanent brain injury while performing the duties of his job. What price can you put on the loss of a fully functioning, fully reasoning brain? Jeff Robinette was able to negotiate a settlement that was annuitized to provide for this man for the rest of his life.


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Jeffery Robinette
Jeffery Robinette
Jeffery Robinette is a West Virginia Personal Injury Lawyer based in Morgantown who represents individuals who have been seriously injured or killed due to motor vehicle collisions or catastrophic workplace accidents.
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A truly great lawyer but an even greater person.
Financial Losses Case Client
We had never met before, but he was so kind and helpful. He did an excellent job with my case.
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Wrongful Death Workplace Accident Client
The end result was better than I could have imagined.
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