A construction accident lawsuit can take time to see through to the finish, but the lawyers of Golitko & Daly will be there until the end. We believe in our clients, and we fight for the people of Indianapolis with great diligence and grit.
Many clients ask us about the duration of lawsuits over major construction accidents. While these types of cases can take years, every case is different. With that in mind, let’s look at a basic step-by-step timeline for a construction accident case.
Preliminary Investigation of Your Accident Case
Near the beginning of your case, your attorney or a law firm will first conduct a preliminary investigation. This will often include a review of the accident and photographic evidence, examination of company records and policies, examination of your medical records, analysis of accident reports and OSHA violations, interview of eyewitnesses, and discussing with work safety and medical experts.
This initial phase is meant to determine why an accident happened and who is responsible. It’s best that you seek legal attention as soon as possible after your accident so this process can begin right away.
Filing a Legal Complaint
The next phase of the process is the filing of a legal complaint. Your attorney can assist you with this step. The defendant in the case will be served with the complaint. They may issue a counterclaim against you if they choose.
Pre-Trial Discovery
Next comes the discovery phase, in which the lawyers for the plaintiff and lawyers for the defendant will gather the necessary evidence to help build their respective cases. The lawyers may seek witnesses out to provide oral statements under oath (depositions) or written statements (affidavits). The two sides will each make various requests for evidence. Independent examinations of the evidence may also take place at this time.
Review of Insurance Matters
Since damages will be sought to cover medical bills, material losses, and so forth, it’s important for attorneys to look into insurance policies and policy limits that may be applicable to the lawsuit. This is often done as part of the pre-trial process. Your attorneys will also determine if other forms of insurance are involved in this case (e.g., Medicaid, workers’ compensation benefits) and how they may impact the damages you seek.
Negotiating a Settlement
Most cases are settled out of court before they even go to trial. A settlement will essentially avoid a trial through a mutual agreement to certain terms. Typically this means that the defendant will offer a certain monetary award to the plaintiff. In accepting this compensation, the plaintiff agrees to stop pursuing legal action.
Negotiations may go back and forth in these cases for some time. Occasionally a mediator may come in to help with the terms of the settlement.
Going to Trial
If you do not accept the settlement, your lawsuit will then go to trial. Here the lawyers for the plaintiff and defendant will be able to present their cases to the judge and/or jury, with a verdict delivered in favor of one side or the other.
Should a trial end with a hung jury, the judge may call a mistrial. In this case, many of the previous steps will be repeated.
Learn About Your Rights in Construction Accident Cases
For more information about your legal options following a serious injury at your workplace, be sure to contact our team of construction accident attorneys today. The lawyers of Golitko & Daly are here to help you in your time of legal need.
