Las Vegas is famous for its bright lights and towering buildings, but like any big city, it can rain down falling debris from time to time, injuring the people below. This might include dropped tools from construction activity or loose materials on buildings.
If you’ve been injured by falling debris, you need to understand your legal rights and take some important steps from the get-go. We’ve tapped the expertise of our Las Vegas accident attorneys to help you get the care you need and protect your rights.
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Understanding Liability in Falling Debris Cases
In Las Vegas, property owners and construction companies are legally required to keep their sites safe for workers, visitors, and pedestrians. This means securing construction materials, conducting regular inspections, and clearly marking hazardous areas. When they don’t meet these safety standards, they can be held liable for injuries caused by falling debris.
For example, imagine you’re walking down the street and a piece of metal siding falls from a nearby construction project, causing you serious head injuries. The siding had not been properly secured, and you are now suffering because of it. In a scenario like this, the construction company could be held liable for your injuries. A Las Vegas traumatic brain injury attorney can help prove liability for your claim.
Take These Steps After a Falling Debris Injury
1. Seek Immediate Medical Attention
If you’re injured by falling debris, get medical help immediately, even if your injuries don’t feel serious at first. Some injuries—including head injuries—don’t present themselves immediately, but they can get worse when left untreated. When you see a doctor quickly, you can get the proper care and also start an official medical record that establishes a clear link between the accident and your injuries. This will come in handy if the insurance company tries to pass off your injuries as “pre-existing” and unrelated to the falling debris incident.
You should also comply with all ongoing medical visits. This strengthens your paper trail and shows that your injuries are viable and that you’re serious about getting better.
2. Report the Incident
Notify property managers, store owners, or the on-site construction supervisor as soon as possible. Ask them to create a formal report describing what happened and to give you a copy of the report. This documentation can be crucial for your claim.
3. Gather Evidence and Witness Information
If you can, gather evidence right at the scene. Take photos or videos of the debris, your injuries, and the surrounding area, especially anything that shows unsafe conditions or poor safety measures. For example, let’s say you were hit by debris from an ongoing construction project at an outdoor mall. Photographs showing unsecured scaffolding or broken safety barriers can clearly demonstrate negligence.
If there are witnesses, get their names and contact information. Their unbiased accounts can help strengthen your claim.
Challenges in Falling Debris Injury Cases
Proving liability in falling debris cases can be difficult. Those responsible might try to shift the blame or claim you contributed to your injury. They may argue that you ignored safety signs or entered restricted areas.
Figuring out exactly who’s responsible can also get complicated, especially on construction sites where contractors, subcontractors, property managers, and owners are all involved. A good attorney can help untangle this knot with solid legal strategies.
Your Rights to Compensation
Under Nevada law, if your head injury was caused by someone else’s negligence, you have the right to pursue compensation for multiple types of damages. These include:
- Medical bills (both current and future)
- Lost wages (if your injuries prevent you from working—or working in the same capacity)
- Pain and suffering, including emotional distress and trauma
How an Experienced Attorney Can Help
It’s not easy to navigate the aftermath of a falling debris accident, especially while you’re recovering physically and emotionally. Hiring a seasoned attorney can ease your burden. They can handle all aspects of your claim, from gathering evidence and interviewing witnesses to negotiating with insurance agencies and, if necessary, taking your case to court.
Your attorney will also protect you from insurance companies trying to minimize or deny your claim. Adjusters often try to downplay injuries or shift blame. A good lawyer knows these tactics and ensures your case is clear and strong.
File Promptly
Timing matters in injury cases. In Nevada, you usually have two years to file a personal injury claim from the accident date. Missing that deadline could mean you lose your chance for compensation altogether.
A qualified lawyer can make sure your claim meets all deadlines and preserves crucial evidence. Memories fade, evidence disappears, and waiting too long can weaken your case. Act quickly to protect your rights.
Moving Forward
When something falls out of the sky and upends your well-being, there is help and hope ahead. Know your rights, get medical help, and gather evidence and witnesses. For help navigating your claim and defending your rights against Big Insurance, contact our accident injury lawyers serving Henderson, Summerlin, Las Vegas, and beyond.