If you get hurt on a construction site and someone besides your employer is at fault, you may have the right to file a lawsuit. California law allows you to take legal action against third parties like property owners, contractors, or equipment manufacturers.
Start by identifying the liable party
The first step is figuring out who caused the injury. If a general contractor failed to follow safety codes or a subcontractor created a hazard, they may be responsible. You need to show that this party had a duty to keep the site safe and failed to do so.
Gather evidence and document the scene
Gathering evidence includes taking photos of the site, your injuries, and any equipment involved. In addition, get witness statements if possible and keep records of your medical treatment and any costs. You’ll need this information to prove how the accident happened and the harm it caused. Your case depends on strong evidence from the beginning.
File your complaint within the legal deadline
In California, you must file your lawsuit within two years from the date of injury. If you wait too long, you lose your chance to recover damages. The complaint needs to explain how the accident occurred, who was at fault, and what compensation you’re seeking.
Prepare for settlement or trial
Once your case is filed, the other side may offer a settlement, which you can either accept or continue toward trial. Many cases settle before reaching court, but being prepared to go to trial strengthens your position. Either way, having a strong claim helps ensure fair compensation.
Moving forward after a construction accident
Filing a lawsuit after a construction accident can help you cover medical costs, lost wages, and other losses. California law gives you the right to hold the responsible party accountable, but the process starts with knowing what steps to take.