Should I Speak with a South Bend Construction Accident Lawyer to Determine Who’s at Fault After a Construction Accident?

February 17, 2025

The construction industry is central to South Bend’s history and its future prosperity, yet construction workers continue to endure some of the most dangerous job conditions in the state, accounting for 15 percent of Indiana’s workplace deaths in 2022 and many more injuries.  Fortunately, you may have grounds for a personal injury case if you can show that somebody else is responsible for your construction injuries, and a skilled legal practitioner could help you overcome any challenges that you might face.  Let Hensley Legal Group explain what an attorney can do if you are wondering “Should I speak with a South Bend construction accident lawyer to determine who’s at fault after a construction accident?” 

Many Defendants Could Share Blame 

Injured South Bend employees are primarily compensated through workers’ compensation claims, which award benefits for injuries and illnesses arising “out of or in the course of employment.”  The specific benefits may vary, though they usually include reimbursement for medical treatment, disability payments equal to two-third of a claimant’s average weekly wages, and funds for permanent impairment in some instances. 

Indiana’s workers’ compensation system has both positive and negative attributes.  On the plus side, it is no-fault, so a claimant may qualify for benefits regardless of why a work injury happened.  On the other hand, the extent of those benefits can be capped by aspects of the claimant’s employment, including salary, which could limit the amount of money that goes into the claimant’s pocket and may be particularly frustrating in the event of a catastrophic injury.  

However, if an employee is hurt by someone with whom no direct working relationship exists, he or she may be able to obtain more than the workers’ compensation system provides by pursuing a personal injury or third party case against that individual or entity. 

And because any sizable construction project is the product of multiple professionals working simultaneously towards a larger goal, construction injuries often form the basis of work-related third party claims.  Depending upon the circumstances, many defendants could share blame for a worker’s South Bend construction accident, including the: 

• Property owner 

• Project developer 

• General contractor, contractors, and subcontractors 

• Manufacturers, distributors, and retailers of substandard materials 

• Government body with authority over a space under construction 

Nevertheless, the inherent complexity of construction work could also make it difficult to demonstrate negligence on the part of any single defendant, a difficulty that the defendants’ insurance carriers may be eager to exploit so they can pay out as little as possible. 

How a South Bend Construction Accident Attorney Can Make a Difference 

As you can see, there may be immense obstacles ahead of you if you try to get justice on your own after a construction accident in South Bend, but these obstacles may not be insurmountable if you hire a South Bend construction accident attorney. 

This may be your first construction injury, but it won’t be the first for a seasoned lawyer, who will be better equipped to meet the insurers on a level playing field, which is a key reason why personal injury victims tend to receive 3.5 times more with attorneys than they do without them. 

Once retained, your lawyer will launch an exhaustive investigation to identify the root causes of your injury and the defendants who may be culpable for it and establish valid claims against them within the time allotted by law.  If the situation warrants it, a lawsuit could be filed as well in a court with the power to issue a binding judgment. 

Additionally, your attorney will move swiftly to secure the evidence to back up your allegations, taking legal action to prevent defects from being repaired before they can be documented, then enter into negotiations for a settlement that reflects the totality of your losses. 

When confronted with compelling proof of your damages and the insured’s guilt, a wise insurance company may tender a generous settlement rather than risk a worse verdict at trial, but a battle-tested South Bend construction accident lawyer will be indispensable if a trial can’t be avoided. 

While plaintiffs who represent themselves in the courtroom lose about 96 percent of their cases, plaintiffs with professional representation have a statistical advantage – an advantage that you can only begin to enjoy after you partner with an attorney.   

Contact Hensley’s South Bend Construction Accident Lawyers 

Hensley Legal Group has been standing up for the hardworking men and women of Indiana for over a quarter century.  If you are struggling to get back to normal in the aftermath of a serious construction site injury, contact Hensley’s South Bend construction accident lawyers to discover the remedies that may be available to you. 

You can schedule a free consultation with a dedicated South Bend construction accident attorney by calling us at (317) 472-3333, chatting with us online, or filling out this form today.