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Construction Accidents

We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Minneapolis Construction Accident Lawyer

Construction workers are often surrounded with heavy machinery on their worksites. Safety protocols need to be in place to keep the workers and those around the worksite from sustaining serious injuries. However, if negligence occurs, both those working at the site and passersby can be put in danger. These injuries can cause life-changing injuries and can also result in fatality. A Minneapolis construction accident lawyer from Madia Law LLC can help you fight for justice. We’ll use our expertise to seek full and fair compensation for your damages and losses. 

Types of Construction Accidents 

Negligence on a construction site can lead to devastating accidents. Our lawyers are familiar with the common types of accidents that can happen:

  • Falls. Construction workers can be on ladders, scaffolding, or other areas where they’re off the ground. Without safety measures, workers can fall and suffer severe injuries.
  • Equipment Accident. If there’s faulty equipment or someone is operating equipment without the education necessary to do so safely, then others around the equipment are put in danger.
  • Toxic Exposure. Workers are supposed to be given equipment so they can work safely in an environment. If they are in a toxic environment and aren’t aware or given safety equipment, they could develop serious illnesses. Construction workers exposed to asbestos may develop mesothelioma, a rare and aggressive form of cancer, years later.
  • Electrocution. Exposed wires or faulty wires could cause electrocution injuries.
  • Explosions. If workers are around chemicals or other reactive substances, negligence could lead to an explosion. Severe burns or disfigurement could occur.
  • Falling Debris. If equipment isn’t secured correctly, it could fall and strike someone below on the head. These accidents can result in fatalities or severe injuries.

The Minnesota Department of Labor and Industry investigated causes of fatalities in the workplace. They found that contact with object and equipment caused 42 fatalities and falls resulted in 32 fatalities in 2020. Those who do survive these accidents may have injuries with severe consequences.

Our lawyers will look into who was responsible for the construction accident. We’ll identify who was on the site, what the type of accident happened, and analyze all available evidence to see who was responsible. We will seek justice on your behalf. 

Consequences of Construction Injuries

When a construction accident occurs, the outcome can be devastating. Our lawyers are familiar with the common types of serious injuries that can happen when someone is negligent at a worksite.

  • Traumatic Brain Injuries. A TBI can happen when someone falls or if an object falls and hits their head. This can cause severe brain trauma that needs immediate treatment. If the injury is severe enough, permanent damage may occur.
  • Spinal Cord Injuries. Falls and other accidents can also cause spinal cord trauma. These injuries can result in paralysis. Someone could lose mobility and feeling underneath the injury site.
  • Amputations. Equipment malfunction or improperly using the equipment can cause injuries where people lose limbs. Other instances where amputation occurs is if there is severe nerve damage that cannot be repaired and the limb has to be removed.
  • Broken Bones. While broken bones will heal, these injuries are painful and can limit someone’s mobility for weeks or months. A broke bone can prevent someone from working and may require physical therapy after to regain strength.
  • Illness. If the worksite had toxic substances, workers may develop serious illnesses over time. These illnesses could be terminal, where treatment slows down the progression of the illness but cannot stop it. In some cases, treating an illness may also include palliative care, which is focused on pain management.

Suffering from these injuries can be even more difficult because they happened because of negligence. It’s important to hold the people who caused your injuries responsible for their actions. Your Minneapolis construction accident lawyer will do everything possible to get you the justice you deserve.

We Can Fight for Your Rights

Because of the catastrophic nature of construction injuries, your life may include adjusting to living with a permanent injury. This could be from brain damage, losing a limb, or requiring treatment for an illness. Getting the extensive medical care you require can be expensive and this care may need to continue far into the future. Regular therapy, medication, and other treatments could be necessary for you to maintain your wellbeing. The costs of medical care can be overwhelming, especially when the injuries shouldn’t have happened to you in the first place.

When Madia Law LLC is on your side, we’re evaluate the costs of your medical care. This includes the past expenses and what you will need to get care in the future. We’ll fight for your compensation to cover your medical expenses so you never have to worry about being able to afford the care you need.

If your injury prevents you from working for some time, or you cannot return to your previous job, your lost wages and loss of earnings are damages we’ll include in your compensation. You may not be able to do your previous job but you can return to the workforce. In this case, we’d take the diminished earning capacity into account.

We understand how the financial losses of a serious injury can put a lot of financial stress on someone, especially if they’re supporting others. Our lawyers will find the total financial losses of the accident and fight for you to get full and fair compensation for them.

In addition to your financial losses, we’ll also include the other consequences of the accident. Pain and suffering damages are for what it costs to live with the injuries you sustained each day. They could also be causing emotional turmoil, whether it’s from the trauma of the accident, preventing you from doing what you used to enjoy, or because you’re grappling with how they will continue to affect your life.

With our attorneys on your side, you’ll know we’re going to fight for your future. We’ll do everything possible to help you move forward. While you may have obstacles to face, you’ll have the financial security you need to have confidence for the future.

Get the Representation You Need Today

When you’re fighting for compensation because of a construction injury, there could be multiple parties involved. You could have been working on the site or you could have been passing by. The party that was negligent could have been a worker, colleague, or someone working on the site as a third party. This is why it’s essential to have a Minneapolis construction accident lawyer on your side.

We’ll get the full story about who was involved, how the accident occurred, and the injuries and damages you lost. Our lawyers will fiercely advocate for you to get the recovery you deserve.

THE MADIA LAW WAY

We have a process that works in getting exceptional results for our clients. 

We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely.  We interview witnesses that can help us prove the case.  We’ll ask you for all relevant documents in your possession and review those carefully as well.  We also will spend some time conducting legal research about unique issues in the case.  We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial. 

Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward.  Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.

If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit.  Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required.  We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points.  Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims.  A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations.  Of course, by that time, the price for settlement has gone up.

Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions.  Not us.  Written discovery is a gift and an opportunity.  We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case.  Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections.  We view this as a wonderful opportunity.  In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on.  We also use Requests for Admission – which many lawyers don’t.  The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts.  We send them RFAs that are very difficult for them to deny.  Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true.  And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA.  That’s a great situation that leads to more chaos and confusion on the defense side.

One last point on written discovery – we send multiple waves of it throughout discovery.  We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery.  This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses.  This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.

This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible.  So the witness has to either lie to support the defense, or admit it’s not true.  That’s a dilemma that works for our clients either way, no matter which option the witness takes.  We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is.  We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.

The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases.  We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery.  We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.

Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.

After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.

This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries.  We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials.  At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct.  As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.

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