CONSTRUCTION ACCIDENT LITIGATION

Construction accidents usually are large, complex cases involving the testimony of experts both in the areas of construction and medicine. Accordingly, these cases closely follow the typical large case which is discussed elsewhere on this web site (Litigating Complex Negligence Cases). While the issue of damages is the same in these cases as they are in the large cases discussed elsewhere, there are peculiarities in proving fault in the construction accident case.

Since construction accidents involve injuries that occur on worksites, they are often both a workers' compensation case and what we call a "third party" case. The workers' compensation case occurs as a result of any on the job injury. At Berman, Sobin and Gross, LLP, we have extensive experience in representing clients in both types of cases and coordinating them to maximize the ultimate benefit to our clients. Third parties can be sued even if the worker has collected workers compensation, if it can be shown that the third party was negligent. However, each Maryland, Virginia and the District of Columbia's laws vastly differ as to whether general contractors and co-employees can be sued, as well and how the recoveries are coordinated between the negligence and Workers' Compensation claims.

To prove a construction accident negligence claim, expert testimony is usually required. This is because many of the activities that occur on a construction sites are beyond the expertise of the average juror and an expert is necessary and/or required by law to educate them. Most commonly the type of experts that are useful are are those who do the type of work involved. Frequently, multiple experts are required in fields such as carpentry or plumbing as well as in project management or supervision. Probably the most important expert is one with knowledge of the complex workings of the Occupational Safety and Health Act (OSHA) and the regulations that are used to implement this Act. Attorneys at Berman, Sobin and Gross, LLP have successfully prosecuted numerous such cases and we have utilized the types of experts set forth above. We stand ready to discuss any Construction Accident case with you and our initial consultation is free and without obligation.

The following representative cases that our attorneys have handled illustrate these principles:

• Peake
• Moreno
• Girolami
• Frizzell