Construction law is a highly specialized area of the law. California has its own set of laws for construction lawsuits, and it’s important to know them in order to understand your rights. This article will explore some aspects of California’s construction law that are relevant to potential lawsuits and damages of claims arising from accidents occurring on construction sites in California.
What Monetary Damages Can a Plaintiff Receive?
In California, construction lawsuits can be filed against a contractor or any other entity that is in charge of the project. A plaintiff may win their lawsuit and receive compensation for the losses they have incurred due to the defendant’s negligence. Plaintiffs may have to prove that the construction company was negligent and did not meet building codes or contract specifications. They also need to prove that they suffered damages as a result of the construction company’s negligence, such as property damage or physical injury. If plaintiffs win their construction litigation, they can receive compensation for damages done to them by a negligent party. Below is a list of monetary damages the plaintiff may receive from their case:
- Medical expenses (including hospital bills, long-term home health care, medication, medical equipment, and rehabilitation/physical therapy)
- Damage to property
- Suffering and pain (including emotional distress)
- Wage loss
- Loss of future earnings
- Loss of consortium
- Reputational harm
It should be noted that a plaintiff may receive these damages following a civil trial, settlement, or other form of dispute resolution (for example, mediation or arbitration). Depending on the state in which a construction lawsuit is filed, a court may also award punitive damages to a plaintiff if it determines that the defendant acted with:
- Exceptional recklessness
- Caused harm on purpose
What is the Time Limit for Filing a Construction Lawsuit?
Plaintiffs must file a construction lawsuit within the time period specified by their state’s applicable statute of limitations. A “statute of limitations” establishes the time limit within which a plaintiff must file a legal claim. If a claim is not filed within the statute of limitations, the plaintiff loses the right to file it. According to the statutes of limitations applicable to these types of cases, a plaintiff must file a claim within three to six years of the date of the injury.
What is the California Law?
The California Law for Construction Lawsuits states that construction contractors are required to give written notice of defects in the work. The California law for construction lawsuits is a very specific type of contract, which requires an individual or company who performs work on someone else’s property to notify them of any defects in their completed project within a certain amount of time. The rules vary depending on what state you live in and if it is being used as part of your home-owners insurance policy. In general, California law follows the preceding discussion. A plaintiff can file a construction lawsuit using any of the theories listed previously above.
- Vicariously liable
- Defective products
- Breach of contract
- wrongful death
Furthermore, if their claim is successful, they will be able to recover for the damages. A plaintiff must file a construction claim within the following time frames, according to California’s statutes of limitations:
- If you are suing for a personal injury, you have two years.
- If you’re suing for property damage, you have three years.
- If suing for a breach of an oral contract, the time limit is two years.
- If suing for a breach of a written contract, the time limit is four years.
- If suing on the basis of wrongful death, the time limit is two years.
Contact a Los Angeles Attorney Today
If you are injured in an accident on construction site or as a result of faulty construction at your home or place of business, you may be entitled to compensation for your injuries and losses. Contact a Los Angeles Attorney today at 310-933-5171.