You’re hurt, maybe scared about money, and every law firm website you’ve clicked on this week says almost the same thing: experienced, aggressive, we fight for you. Those things are important, but they don’t tell you who’s right for a construction site injury specifically.
The questions that matter aren’t about slogans. They’re about whether this attorney has handled construction cases before, how they get paid, and whether they’ll go after every source of compensation available to you.
O’Malley Tunstall, P.C. has spent years handling construction injury cases, and our team is ready to answer your questions.
Key Takeaways
- Ask how many construction accident cases the lawyer has tried in court, not just settled, since insurers price settlement offers differently once they know a firm is trial ready.
- A construction injury often produces two separate claims, workers’ compensation and a third-party liability claim, and some lawyers only chase the first one.
- North Carolina requires contingency fee agreements in writing, so get the exact percentage and expense terms on paper before you sign anything.
- The state’s contributory negligence rule can bar your entire claim if you’re found even slightly at fault, so ask directly about that risk.
- Find out who manages your file day to day, since the person across the table at your consultation isn’t always who answers your calls later.
Has the Lawyer Tried Accident Cases in Court?
Ask every lawyer how many accident cases they’ve tried, not just settled. Insurance adjusters may negotiate very differently with a firm known for taking cases to a jury in Wake County versus one that folds at the first offer. You may ask specific questions, such as: How many of those cases involved construction accidents? How many went to a jury? How many involved a catastrophic injury?
At O’Malley Tunstall, partner Joseph Tunstall has 100+ plaintiff’s verdicts.
Will The Lawyer Look Beyond Your Workers’ Comp Check?
Most construction injuries create two possible claims. Workers’ compensation is no-fault, filed through the North Carolina Industrial Commission, and covers medical bills and a share of lost wages. A separate third-party claim, against a subcontractor, equipment maker, or property owner besides your employer, can run alongside it. Ask directly whether the construction accident attorney you’re meeting plans to investigate both, not just the one that’s easiest to file.
How Is the Lawyer Paid, and What Happens If You Lose?
Almost every construction accident attorney in North Carolina works on contingency, meaning you owe no attorney fees upfront and none at all if the case doesn’t recover money. Before you sign anything, get clear answers on:
- The exact fee percentage and whether it rises if the case goes to trial
- What happens to case expenses like medical records and expert witnesses if you don’t win
- Whether the agreement is in writing, which the State Bar’s Rule of Professional Conduct 1.5 requires
- How your net recovery gets calculated once liens and costs are paid
- Whether you’ll be charged for the consultation itself
Ask for the fee agreement in writing at the end of your first meeting.
Who Will Manage Your File Day to Day?
Ask who handles your case once the paperwork is signed. Some firms put a senior partner across the table at your first meeting, then hand the file to a paralegal or a junior associate you’ve never met. That’s not automatically a problem, but you deserve to know it going in, along with how often you’ll get updates and whether you can reach your attorney by phone when something changes. Ask directly at the consultation, before you sign: Will a paralegal or an associate handle most of the day-to-day work? Will the attorney whose name is on the door personally review the file at key points, like before a settlement offer goes out?
What If the Accident Was Partly Your Fault?
One rule can end your case before it starts, no matter how the accident happened. Under North Carolina’s contributory negligence doctrine, being found even 1% responsible can bar you from recovering anything in a personal injury lawsuit. Ask how the attorney plans to investigate the scene, document any violation of OSHA’s construction safety standards, preserve evidence, and record witness accounts before the insurance company’s version becomes the only one that’s heard. Note: contributory negligence does not matter in a workers’ compensation claim.
How Will They Communicate With You?
Communication breakdowns are among the most common complaints clients raise about personal injury representation. Before you sign, ask:
- How often you’ll get a substantive update, not just an automated email
- Whether you can call your attorney directly or only a case manager
- What the typical response time looks like if the insurance company contacts you directly
- Whether you’ll be consulted before any settlement offer is accepted or rejected on your behalf
Additional Questions You May Have Before You Hire a Construction Accident Lawyer
How long do I have to file a claim after a construction accident in North Carolina?
You generally have three years from the date of the accident to file a third-party injury lawsuit under N.C. Gen. Stat. § 1-52. Workers’ compensation runs on a separate, shorter clock, and state law requires you to report the injury to your employer in writing within 30 days. Miss either deadline and you can lose the claim entirely, so don’t wait to talk to someone.
What happens if my employer doesn’t have workers’ compensation insurance?
You can still pursue a direct injury lawsuit against your employer instead of a workers’ comp claim. Most North Carolina businesses with three or more employees are required to carry coverage, and going without it strips away some of the legal protections that usually shield employers from lawsuits. A lawyer can help you figure out which path fits your situation.
Can I file a claim against the general contractor if I wasn’t their direct employee?
Yes, in many cases you can, since general contractors and subcontractors often owe a duty of care to everyone on the site, not just their own crews. This is exactly the kind of third-party claim that runs alongside a workers’ comp claim rather than replacing it. It’s worth asking a lawyer to map out every party who might share responsibility before you assume you only have one option.
Does an OSHA violation automatically prove my case?
No, a citation helps but doesn’t decide the case on its own. It’s strong evidence that a safety standard was broken, and that record often becomes a key exhibit later. You’ll still need to connect the violation directly to how you got hurt, which is one more reason case investigation matters.
What if my injuries are severe enough that I can’t work again?
If a construction injury leaves you permanently unable to work, you may qualify for Social Security Disability (SSD) benefits in addition to any injury settlement. That’s a separate federal process with its own application and appeals system, running on a different track from your injury claim. Our firm handles SSD applications and appeals.
O’Malley Tunstall, P.C.: A Raleigh Construction Accident Law Firm
Hiring a lawyer after a construction accident comes down to finding someone who investigates everything, not just the easy paperwork before a check arrives. At O’Malley Tunstall, P.C., that means exploring third-party claims, preparing every case as if it’s headed to trial, and telling you what’s happening with your file instead of leaving you to guess. We’ve built that approach across offices in Raleigh and Rocky Mount and it shows in how clients describe working with us afterward. If you’re weighing your options right now, ask our firm the questions above. Contact us to schedule your free consultation today.
