Historically there have been numerous cases of accidents and damages accredited to construction defects. In this regard, various governments across the globe have taken appropriate measures to uplift the standards of building and construction. There is an increased sense of awareness of structural failures that are inherent in construction work. However, despite these advancements in designing, manufacturing and building codes, there are still alarming cases of injuries and even deaths caused by construction defects. Such cases have necessitated accident victims to initiate legal proceedings against negligent developers for their failure to exercise due diligence and care for occupants.
In order to prove negligence in a construction defect claim, it is required that you fulfill all the elements of negligence. Proximate cause is one element that requires the plaintiff to link the actions of the defendant to the actual harm or damage that was caused. Therefore you need to hire stucco who will be able to show such linkage and raise persuasive arguments in determining the negligence of the engineers or developers. The burden of proof in construction law lies with the plaintiff, and therefore the plaintiffs have the onus of proving that indeed the defendant owed him a duty of care and that the duty was breached due an apparent lack of reasonable care.
The following tips are vital when hiring a construction defect lawyer;
Learn about construction law
It is intelligible to equip yourself with basic knowledge regarding construction law in the face of a possible claim in court. Your understanding of the facts to your case and basic legal education will help you guide an attorney to create persuasive arguments in a court of law. However, you ought to take the backseat during the litigation process and avoid trying to influence proceedings overwhelmingly.
Expectations and goals of a litigation process will determine the how a lawyer will litigate in a case. Therefore unrealistic goals will have your lawyer chasing unattainable settlements, and this will ruin any chances of a good outcome. A good construction defect attorney will put out expectations based on precedent and the cases that he has handled in the past.
Your attorney ought to portray supreme knowledge in insurance law and in this regard he must have handled an adequate number of insurance cases. The law firm must have sufficient personnel that is conversant with construction law as well as insurance law to enable them to predict a suitable outcome and pursue it strategically and fervently.…Read more