South Carolina Construction Accident & Injury Lawyers
Construction site workers put their health on the line every day when they entrust their safety to their employer, site manager, or third parties that are responsible for protecting them from harm. When these entities fail to meet their legal duties, an injured worker may be able to file a lawsuit to recover damages.
You may be able to prove liability for your injuries in many common instances of construction site accidents, such as slip and falls, exposure to harmful toxins, or machinery malfunctions. Determining who is liable is where your recovery efforts may become difficult, as there are many parties involved in a South Carolina construction site. Still, where it is available, a lawsuit is typically the preferable choice to a workers’ compensation claim.
Get the facts about your potential lawsuit from our construction and accident injury lawyers at Burriss Ridgeway Injury Lawyers. We can give you a free initial case review if you call us today at (803) 451-4000.
Common Types of Construction Accidents in South Carolina
Many construction sites in South Carolina pose numerous dangers due to the sheer number of moving parts, heavy machinery, and hazardous elements involved. To that end, management companies, foremen, and third-party contractors are responsible for making the area as safe as possible. Below are some of the more common misfortunes that may occur when those responsible parties fail to fulfill their duties.
Slip and Falls
Slippery and unstable ground is a common feature on many South Carolina construction sites. If the management company does not take special precautions to warn people on site of unstable ground or prevent weather conditions from making footing unreasonably slippery, they may be liable for injuries suffered by any person who falls on the construction site grounds.
Toxic Exposure
Some construction sites on old buildings that were built according to prior code may feature harmful chemicals, toxins, or other substances, such as asbestos. Construction site managers have a duty to inspect the site for such toxins, warn their workers of their presence, and implement safety protocols that limit exposure to prevent disease or other harmful conditions.
Falling Objects
Strikes to the head by falling tools or materials are the second-leading cause of death on construction sites across the country. When using cranes or scaffolding on a site, management companies must implement procedures to secure all objects that could become dangerous if they were to fall onto people working or passing by below.
Machinery Accidents
Wherever heavy machinery is involved, danger follows. Management companies are responsible for training their employees to use the machinery properly and safely. If an accident occurs because of a defective machine, injury victims may be able to target the manufacturing company in a lawsuit rather than the site management company.
Filing a Lawsuit for a Construction Accident Injury in South Carolina
If you were injured on a construction site because of someone else’s negligence, you might have the opportunity to file a personal injury lawsuit against the negligent party.
If you are injured in an accident without fault, you may instead be forced to file a Workers’ Compensation claim to get compensation for your injuries. However, when available, a lawsuit is typically preferable because the amount of damages that you can obtain is much larger.
For many individuals who do work on construction sites as independent contractors, lawsuits are the only available route to recovery. This is because independent contractors are technically “self-employed” rather than being employed by the party that is responsible for the victim’s injuries.
You can also file a lawsuit even if you were not a worker at the construction site. Site managers owe legal duties not just to their workers but also to passersby who might foreseeably be injured in a site accident. However, trespassers might not be owed the same duty of care, and filing a claim might be more challenging.
When to File a Civil Case for a Construction Accident in South Carolina
When we file your case may vary based on your circumstances, but it is a good idea to get started as soon as possible. Not only is our time limited as a matter of law, but evidence may disappear if we do not gather it fast enough.
We must file your case in court within the time set by the statute of limitations. Under S.C. Code Ann. § 15-3-530(5), plaintiffs filing personal injury claims have 3 years to do so. If we do not file in time, you risk being time-barred from ever filing your claims, and you might never get fair compensation.
The sooner you contact an attorney, the better. Our construction accident and injury lawyers will review all your legal options and advise you on the best approach to your claims. Your attorney needs as much time as possible to prepare your case. Starting your case quickly may give you more time to explore these options.
The longer you wait to begin your case, the harder it might be to find evidence. Witnesses might move away or forget important details over time. Physical evidence might become lost. Video footage or photos of the construction accident might be deleted or destroyed. We need to start gathering evidence right away to prevent it from being lost.
Evidence to Prove Your Construction Accident Claims
Finding evidence can be challenging, and what we need to prove your claims will depend on your unique situation. In many construction accident cases, much evidence comes from the construction site where you were injured. However, other evidence might be found elsewhere, and we can expand our scope if necessary.
Often, construction sites have security cameras set up to monitor the site, especially after everyone leaves for the day. These security cameras may have recorded your accident on video, and the footage might shed light on who is responsible. Remember, this footage may be easily deleted or erased, and we must act quickly to obtain it before it is gone.
We may also ask witnesses to provide testimony to support your claims. We should speak with your coworkers who were present at the time of the accident to see if they have any important information. Even if they were not at the accident, they might have personal knowledge of the unsafe conditions that caused it.
Physical evidence may also be important. For example, if you were injured because of defective power tools or equipment, the tools should be collected and inspected. If we determine the tools were indeed defective, they should be presented as evidence in court.
Recoverable Damages in Construction Accident Cases
Your damages are the basis of the financial compensation you need because of the accident. It is our responsibility to make sure that all your damages are present and accounted for. If anything is left out by mistake or undervalued, we might not be able to add or adjust it later.
Economic Damages
Your economic damages should represent the money you have lost because of the construction accident. Many injured construction workers incur significant medical bills because injuries tend to be severe.
If your injuries are especially serious or lead to severe medical complications, you may need long-term or even lifelong care. In that case, you can claim future medical bills as part of your damages.
When a construction worker is injured on the job, they likely cannot return to work until their injuries heal, if they heal. In the meantime, you might be unable to earn an income, and you can claim lost wages in your case.
Non-Economic Damages
Your non-economic damages represent losses and injuries that may not be proven with evidence of financial costs. Instead, these damages revolve around your painful, subjective experiences.
Considering that construction accident injuries tend to be severe, you are likely in a great deal of pain. You can claim physical pain and the emotional or mental distress that comes with it as part of your damages.
Injured construction workers also face professional repercussions. Even if the accident was not your fault, people talk, and your reputation in the business might be tarnished. This can be humiliating, unfair, and interfere with your ability to get work in the future. You should be fairly compensated for these damages.
Punitive Damages
In a select few cases, the court may award punitive damages to punish defendants for especially shocking behavior. These damages tend to be unusual, but they may be possible depending on your circumstances.
According to S.C. Code Ann. § 15-32-520(D), punitive damages are available if we can prove by “clear and convincing evidence” that your injuries resulted from the defendant’s reckless, willful, or wanton conduct. This usually involves conduct that is much more severe than ordinary negligence.
Identifying the At-Fault Party in a South Carolina Construction Accident Injury Lawsuit
To effectively bring and win a lawsuit for a construction injury in South Carolina, you must identify who was at fault for the accident. With the number of parties involved in a typical construction site, this may prove difficult in many cases.
Construction Site Managers
The first party that you and your lawyer should consider is the construction site operator. That manager or operator is responsible for surveying the site for potential dangers, training workers on safe practices, and implementing safety protocols in case of a foreseeable accident.
You may also sue the contractors hired to run the construction site. General contractors may have control over the entire project, while subcontractors are often in charge of more specific aspects of the project.
Independent Contractors
Sometimes, the party that causes the accident is a third party or an independent contractor. For instance, if an electrician leaves open wiring in close proximity to workers, they may be held liable for causing an electrocution. You should generally look to name the electrician or their employer in the suit rather than the construction site operators.
Equipment Manufacturers
Additionally, if your accident involved malfunctioning tools, machines, or safety gear, you may sue the manufacturer of the defective product. Proving that a defective product caused your injuries may be difficult, so most plaintiffs in these situations will use expert testimony to explain how the product was supposed to function.
We must be prepared to show how the tool that injured you was defective when it was made or somehow damaged before it arrived to you. We must also prove that you were using the tool safely and appropriately when it malfunctioned.
Why You Should Hire a Lawyer for Your Construction Accident Case
People sometimes resist the idea of getting a lawyer. They might believe that a lawyer is an unnecessary expense, or they fear getting involved in a protracted legal battle. The truth is, you should talk to a lawyer about your situation even if you are unsure of what you want. Your attorney can review various legal options with you, allowing you to make an informed decision about your next steps.
Your attorney can help you determine whether a lawsuit is the best path forward or if some other legal option is better suited to your needs. Some injured workers must file Workers’ Compensation claims, while others file different insurance claims. Even if you do not have to take your case to court, an attorney can help you with the legalities of your claims.
Get Justice for Your Construction Accident Injury in South Carolina
Do not leave something as important as your financial recovery from an accident to chance. Obtain your free case review by calling our construction accident and injury lawyers with Burriss Ridgeway Injury Lawyers at (803) 451-4000.
