If you or someone you love was injured when a deck collapsed, you could be entitled to financial recovery. A lawyer in your area will demand compensation for you or a loved one if you were standing on, under, or near the deck when it collapsed. You can also hire a lawyer to represent your family if a loved one was fatally injured when the deck collapsed
Your lawyer will clarify what to do after a deck collapse and who bears financial liability. After a deck collapse, you could start helping your case by seeing a doctor and documenting evidence. Then, a lawyer will pursue the at-fault party and their homeowners’ or other insurance on your behalf. If the property owner or responsible party was uninsured, your lawyer will explain the other compensation options you have available, including suing them directly.
Why You Should Work With a Deck Collapse Lawyer
Building a compensation case with all its paperwork, filings, and legal subtleties can be an overwhelming task if you go it alone. When you hire a personal injury lawyer to represent you, they will:
- Investigate the deck collapse
- Handle all necessary communication
- Work hard to negotiate a settlement
- Accurately assess your damages
- Recommend a strategic course of action
- Identify the negligent party or parties
Your lawyer will field settlement offers and help you make a well-informed decision that lets you get the medical care you require and start putting your life back together. Most will represent you on a contingency fee basis, meaning they are only compensated when you are, and you will not incur any upfront or out-of-pocket costs.
Document the Cause of the Collapsed Deck
Commonly reported causes of a deck collapse can include people and furnishings that exceed weight limitations and floors and railings that have not been properly repaired or maintained. Additional potential causes include:
- Worn or shoddy building materials
- Structure, design, or manufacturing flaws
- Decks that are pulling away from the property
- Foundation, joist, and ledger board failures
Financial liability for a damaged or destroyed deck falls to the person or entity whose negligence resulted in the collapse. To prove negligence, your lawyer will prove its elements, including:
- Duty of care
- Breach of duty
Documentation can include photos, statements from various witnesses from varying points of view, and other forms of evidence. Your lawyer will build your case file rather than tax you with the potentially daunting task.
Build a Compelling Evidence Collection
A complete evidence file can help your lawyer steer your case toward a settlement versus a trial. Persuasive evidence can also include mechanical, technical, and engineering documents and renderings.
Your legal team will also collect the following evidence to prove the monetary value of your compensation demand:
- Medical, therapy, and rehab bills
- Employment and salary history records
- Property repair or replacement estimates
Your lawyer will also obtain architectural diagrams, proof of any building code violations, construction records, and accident reconstruction reports. Firefighters and others who arrived at the scene in the immediate aftermath of the collapse can also provide valuable evidence.
File Your Lawsuit Within the Allotted Time
Premises liability, personal injury, and wrongful death lawsuits have varying statutes of limitations. These filing deadlines define how much time you have to file your lawsuit. If it is not filed on time:
- You could be barred from filing it at all
- It will be dismissed without being heard
- The insurer will refuse further negotiation
Failure to meet the filing deadline could mean you unintentionally relinquish your ability to compel compensation. If you are represented by a lawyer, they will work hard to meet the filing deadline. Your lawyer will also explain any fluctuations created by the circumstances of your case.
Continue to Receive All Prescribed Medical Care
A deck collapse can result in serious injuries, including broken and fractured bones, head and neck injuries, back and spine injuries, and various cuts, scrapes, and bruises.
After receiving emergency care, you should follow the directions of your healthcare provider. Track your medical care and their costs—if you have a lawyer, they will do this for you—stick to your treatment protocol. Do not stop receiving medical care until your doctor declares you have reached maximum medical improvement. Your medical expenses can be recouped as part of your compensation request.
For a free legal consultation, call 404-214-2001
Assess Your Post-Collapse Expenses and Losses
Recoverable damages can be documented in a variety of ways. Your lawyer will handle this as part of the evidence-collection process. They will also organize your case file and present it, along with a demand letter, to the at-fault party and their legal or insurance representative.
Medical Bills and Other Economic Damages
Economic damages are typically simple to document with bills, receipts, estimates, and invoices. These tangible damages include past and future medical bills and lost wages, loss of future earning capacity, and property damage, loss, or diminished value.
Pain and Suffering and Other Non-Economic Damages
Non-economic compensation can be difficult to calculate and document on your own. If you are represented by an attorney, they will collect your written prognosis and other documents that prove their monetary value. These intangible damages can include disability, disfigurement, mental and emotional anguish, and loss of enjoyment of life.
Wrongful Death Damages if a Deck Collapse Resulted in a Fatality
Nothing can atone for the unexpected loss of a loved one. Your family can recover damages for your loss with guidance and direction from a wrongful death attorney. The damages your family can recover include the costs of the decedent’s final arrangements and your loss of their income and household support.
Call 24/7 for Your Free Case Evaluation
With more than 20 years of collective experience in personal injury law, our Kaine Law team is committed to recovering damages for injured clients. If you or a family member suffered injuries when a deck collapsed, our law firm will help you recover monetary damages.
Find out why hiring our personal injury law firm is what to do after a deck collapse. Get started today by contacting one of our team members to get your case evaluation today.