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The Challenges Of Construction Injury Litigation: What You Will Face In Court

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Working in construction, you already know that your job has numerous dangers. From power tools that can take a limb or an eye to falls from greater heights, none of it is a picnic to think about. What happens if you are injured? Can you sue? That depends on the situation. This type of personal injury lawsuit is very challenging because there are many ways in which your claim for compensation can be contradicted. If you hire an excellent construction injury litigation attorney to lead the way, he or she will prepare you, but you will still face some challenges in court. 

At-Fault Contesting

The biggest challenge you may face in your case is that the person or construction company you are suing will say that your injuries are your own fault. Contesting your claim with an "at-fault" defense is rather common, since it is easy to say that you were not careful, or that you knew how to handle the tools and you did not handle them properly. It is a legal "duck-and-cover" move by the defense. The best counteraction are witnesses.

If someone saw your accident happen, then your witness needs to be subpoenaed to speak. If there were lots of co-workers around, your lawyer can legally force them to speak about what they saw. Then the defense does not have a leg to stand on if they stick with this defense tactic.

Negligence Case Denied

If you were injured because your security harness failed, and your boss is the one that is supposed to check the harnesses often, you would have to prove negligence. This is another challenge that faces construction injury cases because negligence in general is difficult to prove. You would have to have solid evidence that your boss either checked the harnesses and let the faulty ones go back into work storage, or that he/she did not check the harnesses at all. Again, any witnesses to that effect are key in proving your position. 

Additionally, the defense could say that it is not your boss's negligence, but your own. You put your own limb in harm's way and turned on the machine. You were the one that nailed your own hand to the roof with the pneumatic nail gun, etc., etc.. At least in this instance, your lawyer can prove that you would do no self-harm, and that you do not have a history of mental illness or suicidal tendencies.

For more information, contact a company like Kalra Law Firm.