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Construction Lawyer Bellevue

  1. How Workers’ Compensation Claims Are Different From Third-Party Claims
  2. Your Options if You Have a Third-Party Construction Accident Claim in Bellevue
  3. How to Establish Liability in Third-Party Negligence Claims
  4. Compensable Losses in Your Bellevue Construction Accident Case
  5. The Statute of Limitations for a Bellevue Construction Accident Lawsuit
  6. You Can Afford to Hire a Bellevue Construction Accident Lawyer
  7. Three Pitfalls to Avoid in Bellevue Construction Accident Cases
  8. Begin Your Free Case Review With Our Bellevue Construction Accident Team

A construction lawyer who serves Bellevue, Washington, could help you hold the responsible party accountable for your job-related injuries and other losses. Herschensohn Law can file a third-party claim on your behalf if someone other than your employer caused or contributed to your construction accident.

Our law firm navigates the complex issues that come with construction accident cases every day. Recently, we won a $1.6 million result for a client who was electrocuted on a construction site. We’re committed to putting our full time, energy, and attention into your case, as well. Start a free case review when you call (206) 588-4344.

How Workers’ Compensation Claims Are Different From Third-Party Claims

In Washington State, all workers who get injured in construction accidents receive workers’ compensation benefits, including medical treatment and a portion of their lost wages. Workers who get hurt on the job generally cannot sue their employers, so they often think workers’ compensation is their only avenue for seeking damages. This is not the case. 

You may be able to file a third-party claim.

Third-party claims are not filed against the injured worker’s employer or coworker. Typical defendants in third-party claims from construction accidents include negligent subcontractors, employees of subcontractors, general contractors, or property owners. Through a third-party claim, you could recover damages not covered by workers’ compensation, including the full cost of your lost wages and pain and suffering.

Your Options if You Have a Third-Party Construction Accident Claim in Bellevue

There are two different paths you could take if you suffered injuries because of a third party’s negligence in a construction accident:

  1. You could have the Department of Labor and Industries (DLI) file a third-party claim on your behalf. The DLI will use its own lawyer and take part of your settlement or award to reimburse itself for any workers’ compensation benefits it paid for your accident. The DLI does not pursue all of the monetary damages you might deserve, like pain and suffering, which can be a substantial portion of a personal injury claim. You do not want the DLI to handle your case on your behalf.
  2. You could select your own lawyer to file a third-party claim against the negligent party who caused or contributed to the accident that injured you. At Herschensohn Law, we have your best interests in mind, and we fight relentlessly to get our clients all the financial compensation they deserve, including pain and suffering.

In summary, you could let the DLI pursue reimbursement for any workers’ compensation benefits it paid you, or you could have Herschensohn Law hold the negligent party accountable for all of your losses, not just the cost of your medical treatment and some of your lost wages.

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How to Establish Liability in Third-Party Negligence Claims

Before you can pursue financial compensation from the at-fault party, you must satisfy all four elements of liability in negligence claims. These factors include the following:

  • Legal duty of care. The defendant must have owed you a legal duty of care. Let’s say that the defendant is a subcontractor who is not your employer but worked on the same construction project as you. The subcontractor had a duty to exercise reasonable care to avoid injuring other people while on the job site.   
  • Breach of duty. The subcontractor failed to secure heavy equipment they were using several floors above you on the project, violating OSHA regulations. This violation of safety regulations was negligence.
  • Causation. The careless conduct must have caused or contributed to the construction accident that injured you. The equipment fell off of the higher level and onto you, causing devastating injuries. The subcontractor’s negligence caused the accident.
  • Damages. If you suffered a physical injury, you satisfy the fourth and final required factor of liability.

When you can present evidence to build your case and establish all four of these elements, you can then seek monetary damages from the responsible entity. 

Compensable Losses in Your Bellevue Construction Accident Case

Every personal injury case is different, which is why the amount of money a person can win in a settlement or court award is different. Your results will depend on the unique facts of your claim.

Here are some of the common categories of monetary damages plaintiffs pursue in Bellevue third-party negligence claims:

  • Medical expenses. Typically, the reasonable cost of the medical treatment you needed for your wounds is recoverable. Examples of these healthcare bills include the ambulance, emergency room, hospital, intensive care unit, physical therapy, surgery, diagnostic procedures, doctors, therapists, prescription drugs, and pain management. 
  • Ongoing medical services. People who suffer catastrophic injuries might need continuing medical care for several months or years after their initial treatment. Some people have to receive medical treatments for the rest of their lives.
  • Lost wages. If you missed paychecks because you could not work while recuperating from your wounds and medical treatments, you have a financial loss that can be a part of your third-party claim.
  • Future lost wages. Sometimes, people cannot earn as much money as they did before they suffered severe injuries. Chronic pain, loss of function, standing or lifting restrictions, cognitive impairment from head trauma, and a loss of mobility are a few types of long-term impairments that can negatively impact a person’s earning capacity.
  • Pain and suffering. This category of monetary damages compensates the plaintiff for the physical discomfort and emotional distress they endured because of the accident and their injuries. This loss is in addition to getting your medical expenses paid by the at-fault party.
  • Other intangible losses. The injured person could seek monetary damages for intangible losses, like disfigurement from amputations and extensive scars, chronic pain, and loss of enjoyment of life if they face long-term disabilities from their wounds.

If your close relative passed away from an accident that a third party caused or contributed to through negligence, our team would be honored to advocate for you. In that situation, compensation could offer both closure and peace of mind. 

The Statute of Limitations for a Bellevue Construction Accident Lawsuit

You shouldn’t wait too long to take legal action after suffering injuries in a Bellevue construction accident. Our state’s statute of limitations, RCW § 4.16.080, for filing personal injury or wrongful death lawsuits is only three years.

After the filing deadline passes, Washington law could forever bar you from pursuing compensation from the at-fault party. Also, the defendant’s insurance company will likely stop negotiating because it no longer has any obligation to pay you what you deserve. Herschensohn Law can manage your case’s relevant deadline and advocate for you at each step. 

You Can Afford to Hire a Bellevue Construction Accident Lawyer

We take care of personal injury cases like Bellevue construction accident claims on a contingency-fee basis. This fee arrangement means that you do not have to pay any upfront legal fees for us to get started on or continue working on your claim or lawsuit.

Instead, we receive a percentage of the settlement or court award at the end of the matter. Our written attorney fee agreement explains the details, and you may ask us any questions that you have about contingency fees during your free case review. 

“Zach will always take time and give you quality advice that you can trust. Highly recommended!”

- P.R., Katy, WA

Three Pitfalls to Avoid in Bellevue Construction Accident Cases

You will want to avoid honest mistakes like these that could decrease the financial value of your third-party claim:

  • Not understanding the job of the claims adjuster. When you file an injury claim, the liable insurance company assigns a claims adjuster. The adjuster’s job is not to offer a fair settlement. Instead, their job is to get rid of your claim for as little money as possible. You should consider hiring Herschensohn Law to have someone looking out for your best interests.
  • Not knowing the statute of limitations for your personal injury case. Negotiating with the claims adjuster does not satisfy the filing deadline for your claim. You will have to file a lawsuit to protect your right to compensation if your claim does not settle out of court. If you suspect that the adjuster is delaying or dragging out the resolution of your claim, they might do this on purpose, hoping that you will miss the filing deadline.
  • Letting the claims adjuster dissuade you from legal help. If attorneys were not valuable in these cases, why would insurance companies hire so many of them? The insurance company could have an unfair advantage if you attempt to handle this process alone. 

Here is a bonus pitfall to avoid: You will want to stay off of social media until your third-party claim gets resolved. Posting photographs or comments about the accident, your injuries, the defendant, or even your daily life could get twisted by the insurance company and used against you.

Begin Your Free Case Review With Our Bellevue Construction Accident Team

Herschensohn Law helps people who get injured because of the carelessness of others. We are happy to offer a free initial consultation with no obligation. You can reach out to us today for your no-cost consultation at (206) 588-4344.

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When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.

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We’re proud to fight—and win—for injured people in Kent, Washington. View our case results to learn more.