How does a construction worker injury lawsuit process work?
Construction Accident - September 4, 2025 by Horwitz, Horwitz & Associates
Construction sites are dangerous places, even when workers and site managers are diligent about safety. Negligent practices can cause significant injury to workers and passersby, oftentimes leading to a lengthy construction injury lawsuit process.
If you are considering pursuing a lawsuit for your construction injury, the Joliet construction accident lawyer Horwitz, Horwitz & Associates is here to protect your rights to compensation.
There are several steps in a Joliet construction injury case
The lawsuit process after a construction injury is relatively clear in theory, but rarely linear. In most situations, you will not start out knowing you plan to file a lawsuit, even if you start out knowing you want to speak with an attorney.
There are several components of a case that can delay a settlement or verdict for months or years. However, there are some stages you can usually expect.
Investigating the circumstances
The first step of any case is investigation. The insurance company will prioritize a thorough investigation into the type of construction accident that occurred, the circumstances surrounding it, and who was responsible. If you hire an attorney, their starting point is almost certain to be the same.
This investigation may include gathering documents like the police report, photos of the scene, medical records, and other materials to support your claims of damages.
Negotiating with the insurance company
Once you have gathered the evidence necessary to make your case, the negotiations will begin. It is likely you will be unsatisfied with the initial offer, and in most cases, we will likely advise you to deny it and present a counteroffer.
This process can go on for quite a while as each party reviews the evidence and offers. They may request additional documentation to support claims, and in some more unfortunate cases, they may use other tactics to delay.
Filing the lawsuit
In most personal injury cases, a judge is going to want to see that you made a good-faith effort to come to an agreement outside of the courtroom. However, once you have determined that all parties involved are unlikely to come to a reasonable agreement, you may choose to formally file a lawsuit with the courts.
Discovery
When you file the lawsuit, you must provide notice to the other parties, whether that is the construction company or another entity. At this time, both parties can engage in discovery, which is the process of sharing information relevant to making your case. This may include further medical evaluation, depositions, and providing additional documentation.
Trial
Once you make it to trial, you or your attorney will present your case. The judge and jury will hear the evidence and determine who is responsible. If they rule in your favor, the courts determine the amount of compensation that should be awarded.
In some situations, they may even award punitive damages to deter similar negligence or malicious behavior in the future.
How long do you have to file a construction injury lawsuit?
Most forms of legal action come with a limited window of time. The Illinois Code of Civil Procedure Section 5.13-202 states that an injury victim has two years from the date of injury or discovery to file a personal injury lawsuit.
While this seems like a long time, many of the steps above need to happen before you can formally file, and they can take a significant amount of time. Delaying the start of the process can add unnecessary pressure to settle for an unfair amount.
At what point in the process should you call a lawyer?
The ideal time to call a lawyer for your construction injury is immediately. While our team can intervene on your behalf at any point in the process, the sooner you call us, the more opportunities we have to negotiate for fair compensation and help you avoid unnecessary liability.
When your construction injury happens at work
If you were injured on the job, your process may look a little bit different. The first step is to report the accident and injury to your supervisor or in accordance with your company policy. If you were injured because of a genuine accident, you may choose to simply pursue a workers’ compensation claim to get your medical bills paid for and keep some amount of income to support yourself.
If your accident occurred due to negligence or malice on the part of an employer, coworker, or third-party contractor, then you may still want to consider a personal injury lawsuit.
Call Horwitz, Horwiz & Associates today for support through your construction injury lawsuit
The lawsuit process can be overwhelming, and when you’re going up against insurance or construction companies, they often have a team of experienced legal professionals on their side, immediately putting you at a disadvantage if you try to face it alone.
When you work with Horwitz, Horwitz & Associates, you get representation that is committed to fighting for you. Call us at (800) 985-1819 or contact us online to schedule a free case consultation and discuss your options.
