What legal challenges can I expect in a construction accident case?

Every state has its own laws governing construction accident cases, and Washington is no exception. In Washington, a variety of legal challenges can arise when bringing a construction accident case. The most common legal issue encountered in construction accident cases is that of “comparative negligence”. The comparative negligence doctrine is a defense used by employers to limit the amount of compensation they owe to an injured worker. This doctrine basically states that if an employee is found partially at fault for their own injury, the employer is only responsible for the portion of the damages caused by the employer’s negligence. In addition to comparative negligence, employers may also defend themselves against claims by arguing that the employee assumed the risk of being injured. This means that the employee voluntarily agreed to accept certain risks associated with the performance of their job. Other legal challenges faced in construction accident cases include “statutory limitation” and “waiver”. Statutory limitation is an argument used by employers arguing that the injured worker’s claims are barred by the applicable statute of limitations. Waiver is a defense used by employers arguing that the employee gave up their right to sue the employer by signing an agreement waiving such a right. In any case, any person who is injured in a construction accident should consult with an experienced lawyer to understand the laws that apply and how to best pursue a successful claim.

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What legal challenges can I expect in a construction accident case?

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