Construction sites are some of the most dangerous places to work. Workers are often surrounded by heavy equipment, tall scaffolding, loud machinery, and fast-moving teams. Accidents can happen in just a few seconds. When they do, the injuries are usually serious. In Georgia, if someone gets hurt on a construction site, they may want to file a legal claim. That claim can help pay for things like hospital bills, missed workdays, and pain. But to win that kind of case, you have to show someone was negligent. That is where things start to get tricky.
What negligence really means in these cases
Negligence means that someone did not act carefully when they should have. In a construction accident, that could mean a company failed to give workers proper safety gear, or maybe someone left tools in a dangerous place. It could even mean a contractor didn’t follow building codes. But just having an accident doesn’t prove negligence. The injured person has to show that someone did something wrong and that the mistake caused the injury. That’s not always easy.
One of the biggest problems is figuring out who is to blame
Construction sites usually have lots of people working at the same time. There might be several companies involved, including subcontractors, general contractors, equipment suppliers, or property owners. Everyone might be working on different parts of the site. If an injury happens, it can be hard to know who had control over the area where the accident happened. And if you cannot clearly show who had the responsibility to keep that area safe, proving negligence becomes very hard.
It’s often difficult to get good evidence from the site
Construction accidents often happen fast and unexpectedly. The site might be cleaned up or changed very soon afterward. That means broken equipment could be fixed or thrown away. Warning signs may be moved. Witnesses might leave the job or forget what happened. Without clear photos, videos, or witness statements right after the accident, it can be tough to show what went wrong. Sometimes, it takes a long time before a lawsuit even starts. By that time, important evidence may be gone.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
Safety rules are not always followed, and proving that is a challenge
Construction companies are supposed to follow safety rules from OSHA and state laws. These rules are there to protect workers from harm. But not every company follows them carefully. Even when they do not, showing that in court is hard. The injured person has to find proof that the rules were broken. That may include safety inspection reports, training records, or witness accounts. But employers might not want to share that information. They may say the injured person caused the accident themselves, which creates more trouble for the case.
The employer’s defense can make things more difficult
Sometimes, companies try to avoid blame by using legal defenses. One of the most common ones in Georgia is the claim that the worker knew about the danger and accepted the risk. If the worker had been warned about a hazard or had dealt with it before, the company might argue that the injury was the worker’s own fault. This defense is called assumption of risk. If the court agrees with that argument, the worker might not get any money, or the amount could be reduced a lot.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."
- Nancy K.
I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
Another issue is the use of independent contractors
In many Georgia construction projects, workers are hired as independent contractors. That can change the way a case works. If someone is not a regular employee, the main company might say they are not responsible for the injury. They may argue that the injured worker’s own company or another contractor was in charge of the job. In these cases, the law is not always clear. Courts have to look closely at who had control over the work and the job site. That makes proving negligence more confusing and hard to explain.
Insurance companies make the process even more stressful
Even if someone has a strong case, insurance companies may try to avoid paying. They might offer a small settlement or deny the claim altogether. These companies have their own lawyers, and they know how to delay or argue against paying for an accident. They may say the injury is not serious, or that it happened somewhere else. This can drag out the process and put pressure on the injured person to settle for less than they deserve.
Medical records and proving the injury can also be a challenge
To win a negligence case, the injured person must prove they were truly hurt and that the injury happened at the construction site. That means they must have strong medical records. But if they waited to see a doctor, or if they had past injuries, the insurance company might say the new injury isn’t related to the accident. Getting clear records and doctor reports that explain how the accident caused the injury is very important. Without those, the case may not succeed.
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The legal process can be confusing and slow
Construction injury cases are not simple. They take time. There are many steps like collecting evidence, interviewing witnesses, reviewing safety records, and dealing with court procedures. Some cases take months or even years. That can feel overwhelming for someone who is trying to recover and get their life back. It’s easy to get lost in the process without someone guiding the way.
Georgia’s modified comparative fault rule adds another layer of difficulty
Georgia uses something called a modified comparative fault rule. This rule says that if the injured person is partly to blame for what happened, they can still get some money, but only if they were less than 50 percent at fault. If the court finds the worker mostly to blame, they get nothing. Even if the worker is only a little bit at fault, the total award can be reduced. This rule makes it more important to show clearly what happened and who was truly at fault.
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Time limits can hurt a case if action is not taken quickly
In Georgia, there are deadlines for filing a lawsuit after a construction accident. This is called the statute of limitations. If the injured person waits too long, they may lose the right to file a claim at all. This is why it’s important to start looking into the case as soon as possible. The longer someone waits, the harder it is to find evidence, talk to witnesses, and build a strong case.
What someone can do to protect their rights after a construction injury
If someone gets hurt on a construction site in Georgia, they should try to report the accident right away and get medical help. Taking photos of the area and collecting contact information from witnesses can be helpful. It’s also smart to keep copies of medical records and anything the employer gives them about the accident. Being organized and keeping a record of what happened can make a big difference in the case.
There is help for people going through this difficult time
Construction accidents can turn a person’s life upside down. They may be hurt, worried about money, and confused about what to do next. Proving negligence in a Georgia construction accident case is not easy, and there are many roadblocks that can stand in the way. But injured workers do not have to face these challenges alone.
If you or someone you love was hurt on a construction site and you are unsure about your next steps, it is time to get help. The legal team at Princenthal, May & Wilson, LLC is here to stand by your side. They understand what it takes to face big insurance companies and prove negligence, even when it feels impossible. Reach out today to schedule a free consultation and take the first step toward getting the justice and support you deserve.