Understanding Construction Accidents: Legal Rights, Safety Standards, and Complex Liabilities

Why Construction Accidents Are Common and Often Severe?

It’s not surprising that construction sites are often the scene of accidents. Open trenches, precarious scaffolding, heavy machinery, high voltage lines, and dangerous equipment make for a high-risk environment. In fact, according to the Occupational Safety and Health Administration (OSHA), thousands of workers are injured each year on construction sites, and 20 percent of all worker fatalities in the United States happen in the construction industry. In the aftermath of an accident, workers and their families face significant financial hardship, as well as devastating health consequences.

Common Causes of Construction Accidents

Many construction accidents could be prevented with proper care, appropriate training, and attention to safety regulations. The most common causes of construction accidents include:

• Falls from Heights
• Accidents with Heavy Equipment
• Being Struck by Something Falling
• Electrocution
• Exposure to Hazardous Materials
• Slips, Trips, and Falls
• Lifting Heavy Objects

Construction Accidents Law: Legal Rights of Injured Workers

Workers who are injured on the job have certain legal rights. First and foremost is the right to medical care. Next is the right to file for compensation, which can be extremely important in covering the expense of medical care. Filing for workers compensation is the first step, but an injured worker also has the right to file other claims for compensation, as well. If you have been injured, you have the right to get better, the right to be free from discrimination and retaliation, and the right to legal representation.

Safety Standards in Construction

Why do accidents happen? Often, it’s because of a failure to adhere to the safety standards set forth by OSHA and other regulating bodies. OSHA construction safety protocols are extremely thorough, and include mandatory safety training, the use of personal protective equipment, regular equipment inspecting, procedures for identifying hazards, and emergency response planning. When accidents occur, often, someone at some stage of the plan let something slide, resulting in catastrophic consequences.

Complex Liabilities in Construction Accidents

If you are injured in a construction accident, who is liable? Determining this can be complicated. Construction sites have a lot of moving parts, and many different entities involved. If the work environment was not safe or violated OSHA regulations, the general contractor or subcontractors may be responsible. On the other hand, a property owner can be held liable if the property was unsafe. In the case of an equipment failure or defective tools, the manufacturer may be liable, and if a third party vendor or supplier contributed to the accident through negligence, they may bear responsibility.

Steps to Take After a Construction Accident: Should Construction Accidents Law Firms Be Involved?

In addition to the complexity of determining liability, the red tape involved in claiming compensation after an accident can be overwhelming. That’s why it’s so important to enlist the help of an experienced construction accident attorney when you are dealing with the injuries and financial strain of a construction accident. After seeking medical treatment, your next step should be to schedule a consultation with a construction accident law firm, to determine whether your claim is valid. An accident attorney will investigate your accident and file your claim for you, then negotiate a fair settlement.

Challenges in Construction Accident Law and Filing Claims

Determining fault is just one of the complexities in construction accident claims. Workers compensation and insurance can be extremely challenging, because it involves gathering the right documentation, meeting filing deadlines, and dealing with red tape. Having an attorney who is well-versed in personal injury and workplace accident law can make all the difference, because it means having someone on your side with the knowledge and skills to navigate all these complications and work towards maximizing your settlement.

Looking for a Construction Accident Law Firm? Look to the Law Office of Kent L. Greenberg

If you’ve been in an accident on the job site, you owe it to yourself to find the most experienced, reputable law firm you can, to fight for you. Since 1981, the Law Office of Kent L. Greenberg has been successfully assisting clients in the Baltimore County area. Our seasoned professionals work hard to resolve our clients’ legal issues, comprehensively evaluating each case to determine the best strategies for handling each unique situation. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland and will put our knowledge and expertise to work for you. If you are dealing with the stress, pain, and financial difficulty that comes in the aftermath of a construction accident, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.

What Does Use and Possession Mean in A Divorce Proceeding?

Understanding How a Divorce Proceeding Works

When a married couple decides to divorce, the process can be long and complex. Once the type of divorce has been decided, one party will file, and the other will respond. After this comes discovery, during which the parties can request information and documents from each other. This information will include things like debts and assets, how each party will speak on certain issues, and which witnesses will be asked to testify in court. Negotiations and mediation can happen during this phase, and each spouse’s position will be clarified. While this is happening, the court will sometimes put forth temporary orders regarding things like child custody and the dispensation of marital property. One legal term that might be used during this time is “use and possession.” What does it mean, and why does it matter?

Why “Use and Possession” Matters in a Family Law Divorce Case

Use and possession is meant to give children stability, by granting them use of the family home and possessions. In a case in which no children are involved, use and possession is not taken for granted. While ensuring that children are protected matters a great deal, use and possession isn’t concerned with distribution of assets for the benefit of adults.

Legal Meaning of “Use and Possession” in Divorce Law

The courts can grant use and possession of the family home and personal property during the divorce proceedings, and for up to three years after the divorce is finalized. The property involved includes the principal residence of the family, as well as items that are primarily used for the family, like appliances, vehicles, electronics, and furniture. Anything acquired before marriage or through inheritance, and anything excluded by a prenup or other legal agreement is excluded from the umbrella term of family property.

Purpose of Use and Possession Orders in a Divorce Child Custody Proceeding

Use and possession orders are used to provide stability for minor children. Generally, the custodial parent may request and will probably be granted use and possession of the family home and other possessions. This doesn’t mean that this is the final dispensation: that will be resolved once the divorce settlement is finalized. Giving the custodial parent use and possession simply allows the children to maintain a sense of normalcy, continuing to live in their family home.

Who Can Be Granted Use and Possession in Divorce Proceeding?

When deciding use and possession, the court takes several factors into consideration. The needs of the children are the primary focus, but the way in which the order would affect the spouses is contemplated, as well. The point is not to cause anyone undue hardship, but to make the process go more smoothly. Note: sometimes, “exclusive use and possession” orders are granted, and these are commonly called “kickout orders,” because they mean that one party must vacate the premises. This is typically done in cases of domestic violence and abuse. If the use and possession order is extended beyond the finalization of the divorce, it’s usually with the caveat that if the person remarries, the order is terminated.

Legal and Financial Implications in Divorce Law

It’s important to note that use and possession orders are temporary, and don’t dictate the final division of property. For instance, while the custodial parent may be granted the use of the family home and vehicle during the divorce proceedings, this doesn’t mean that the house won’t be sold once the divorce is settled, and the profits divided. The family home is still a shared asset, and as such, needs to be handled in the divorce settlement. Because Maryland is an equitable distribution state, the law is focused on dividing assets fairly, and this can be a complicated process.

Finding a Competent Divorce Law Firm

When you are looking for a divorce law firm with experience and a reputation for excellence in family law, contact the Law Office of Kent L. Greenberg. Since 1981, we have been successfully assisting clients in the Baltimore County area, and our seasoned professionals work hard to resolve our clients’ legal issues, analyzing each case to determine the best strategies for handling each unique situation. Each family and divorce law issue is unique, and there is no one solution to meet every need. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland, and will put our knowledge and expertise to work for you. When you have a domestic legal issue, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.

Technology is Impacting Personal Injury Cases

How Do Personal Injury Cases Work? Understanding the Process?

When a person is injured because of someone else’s negligence, it is prudent to file a personal injury case. This process begins with a consultation with an attorney, who weighs the merits of the case and decides whether to take it. Ideally, the injured party will have gotten medical attention and gathered as much evidence as possible to bolster the case. After deciding to sign on, the attorney will begin gathering evidence in earnest. With enough solid evidence, most personal injury cases can be settled without a trial. However, if a settlement can’t be reached, a jury trial will typically take place. During both the information gathering phase and the trial itself, modern technology can be a boon to the attorneys and their clients.

The Role of Technology in Evidence Collection in Different Types of Personal Injury Cases

The job of the attorney is to craft a strong case, based on evidence, to win his or her client an equitable settlement. It’s a huge job, so is it wise for attorneys to turn to AI and other types of technology to help? You’ve heard stories, no doubt, of attorneys who used AI tools like ChatGPT to file court documents, only to discover that the documents cited cases that didn’t exist. With those cautionary tales in mind, though, there is no denying that AI and other technology can help an attorney make a personal injury case. If an attorney is diligent in fact-checking artificial intelligence, it can be an extremely useful tool. AI algorithms can sort through enormous amounts of data, cross references to prior legal decisions, assisting with analysis, and finding facts and patterns that strengthen the attorneys’ arguments. This technology can even be used to wade through social media accounts to find information about people involved in the incident. All this evidence gathering helps speed up the process, which saves time and money for everyone involved with the case. Of course, AI is not the only technology that is useful for gathering data. Drones can photograph accident scenes, inspect faulty structures, and generally give the attorneys information as though they were “on the scene.” Generating 3D models allows attorneys to recreate an accident in a simulation, to better understand what happened and determine fault.

Advantages of Using Technology in a Personal Injury Trial

Technology isn’t just a data-mining tool to unearth evidence, however. Attorneys who properly utilize modern technology can streamline data and organize evidence in such a way that can help amenable parties come to a settlement. If settling is not in the cards, the organized evidence is extremely useful in helping a jury understand the case. The victor in a court case is generally the one with the most evidence, so attorneys who use every piece of technology available to strengthen their case have a definite advantage. Dashcams, surveillance cameras, smartwatches, fitness devices, smartphones, and other types of technology have all become reliable sources of evidence to bolster a case.

How Technology is Being Used in the Courtroom for Personal Injury Law Cases

If a trial should occur, the technology available to attorneys can make their job easier in the courtroom, too. Simulations, accident reconstructions, and animations all have a significant impact on jurors. Additionally, with the tools at their disposal, attorneys can show medical data like CT scans and X-rays to the jury, rather than relying on describing the injuries. While the law can be somewhat dry, bringing in technological tools can help engage the jury, which is a good way to make the case.

Challenges and Limitations of Technology Use in Personal Injury Cases

Of course, as with any new methodology, today’s technology is not without its challenges when used for personal injury cases. A good attorney will not expect the technology to do the work but will scrupulously examine the evidence to make sure it’s valid. Digital evidence can fall prey to tampering, so it’s important for attorneys to be diligent in ensuring that the evidence is authentic and has been managed through strict protocols to keep it securely stored and preserved. Another challenge is that many legal professionals are not quite up to speed with the latest technology, which can hinder their use of it in the courtroom. It should be stressed that there must be a balance between traditional legal practices and the use of new technology.

Types of Damages in Personal Injury Cases

In the end, the goal is to make sure everyone’s rights are protected. There is much riding on a personal injury case, from compensatory damages to medical expenses to lost wages and the loss of future earnings, and more. It is important to have an experienced attorney on your side in a personal injury case, to make sure the outcome is equitable and you receive the settlement to which you are entitled.

For All Types of Personal Injury Cases, Trust the Law Office of Kent L. Greenberg

Since 1981, the Law Office of Kent L. Greenberg has been successfully assisting clients in the Baltimore County area. Our seasoned professionals work hard to resolve our clients’ legal issues, comprehensively evaluating each case to determine the best strategies for handling each unique situation. From family law to personal injury law to criminal law, we have effectively handled numerous cases in our decades of experience. For those who have been injured due to someone else’s improper actions, we aggressively advocate in and out of the courtroom, bringing to bear our understanding of the laws and protocols specific to Maryland, as well as our significant knowledge and expertise. No matter what your legal issue may be, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.