If you intend to undertake a home improvement project that necessitates the use of scaffolding, you need to make certain that you utilize the services of a reputable firm to provide you this type of vital equipment. There are a number of ways in which you may find yourself in need of scaffolding for a DIY project. These include painting and tree trimming and pruning
If you end up injured through the use of scaffolding, and you find that fault seems to rest with a less than reputable company that provided the equipment, there are some basic facts that you need to understand about your legal rights and interests. By arming yourself with this basic information, you will be able to make educated decisions in the aftermath of a scaffold related injury.
The Importance of Legal Representation
One of the most important steps that you need to consider taking if you are injured in a scaffolding accident is to obtain legal representation. The reality is that judicial system in the United States is complicated. In addition, the laws in the country pertaining to personal injury cases are complex.
The first step in retaining legal representation is scheduling what is known as an initial consultation. During an initial consultation, a skilled, experienced personal injury attorney provides you an evaluation of your case.
You will also receive information about how the insurance claims settlement process works. In addition, legal counsel will explain the ins and outs of the civil lawsuit process as well.
You will have the opportunity to ask any questions you might have about your case. As a matter of general practice across the United States, a personal injury lawyer charges no fee for an initial consultation.
The standard fee practice for a personal injury attorney is what is known as contingency fee. Through a contingency fee, a client typically pays nothing to an attorney unless a favorable insurance settlement or lawsuit judgment is won in a particular case.
Compensation in a Scaffold Accident Case
The financial compensation in a scaffold accident case depends on the facts and circumstances of the incident itself as well as the nature and extent of injuries you suffered. With that in mind, a personal injury attorney typically seeks compensation for certain types of losses that include:
- pain and suffering
- mental anguish and emotional distress
- medical bills and expenses
- lost wages or salary
- permanent disability
You are also entitled to seek compensation for losses that you reasonably can be expected to face in the future as result of your accident. For example, following a scaffolding accident, you may require medical care and treatment on an ongoing basis. You may not be able to return to work any time soon. You may experience chronic pain and suffering. All of these represent the types of ongoing of future issues for which you legitimately can seek compensation in a personal injury claim or lawsuit.
Depending on the conduct of the scaffolding firm that provided the scaffold (of the manufacturer) you may also be able to seek what are known as punitive or exemplary damages in your personal injury lawsuit. Punitive damages represent additional compensation awarded to you when the conduct of the party causing the accident and injuries is deemed to be particularly reckless or egregious in a personal injury lawsuit.
Who Might be Responsible for Faulty Scaffolding?
If you are injured in an accident connected with scaffolding used on a DIY project, there may be more than one responsible party. Reference previously was made to the firm that provided the scaffolding in the first instance. If a different party set up the scaffolding for you, that party may also be responsible for the accident. In addition, if there is some sort of defect with the scaffold itself, the manufacturer may also be a responsible party. You would have the legal right to seek compensation against any possibly negligent party in a scaffolding accident case.
Statute of Limitations
Each state has what is called a statute of limitations. A statute of limitations is a law that sets forth a specific timeframe by which a personal injury lawsuit must be filed. Oftentimes, that timeframe is two or three years from the date of the accident.
If you fail to get a lawsuit filed within the time period established by your state’s statute of limitations, you will forever be precluded from pursuing a lawsuit for financial recovery for losses, damages, and injuries associated with a scaffolding accident.
Jessica Kane is a professional blogger who writes for Scaffold Store, the favorite and trusted scaffold supplier of the largest contractors.