What a construction accident attorney does for you
A construction accident attorney in Philadelphia handles claims when you are injured on a job site. They investigate what happened, gather evidence from witnesses and safety records, negotiate with insurance companies, and file a lawsuit if needed. Their job is to prove the property owner, contractor, or another party was negligent—meaning they failed to follow safety rules or warn you of known hazards—and that this negligence caused your injury.
You do not pay them upfront. Construction accident attorneys work on contingency, which means they take a percentage of what you recover (usually 25 to 40 percent) only if you win or settle. If you receive nothing, neither do they. This arrangement exists because injury cases require months of investigation and informed testimony, and the attorney fronts those costs betting on the outcome.
The attorney's role includes handling all communication with insurance adjusters, so you do not have to negotiate alone. They also know Pennsylvania's statute of limitations—the important date to file—which is two years from the date of injury for most construction accidents. Missing that important date means losing your right to sue, regardless of the strength of your case.
Key Takeaways
- Construction accident attorneys in Philadelphia work on contingency, taking payment only if you win or settle, so there is no upfront cost to you.
- You have two years from the date of injury to file a lawsuit in Pennsylvania, and an attorney will track this important date for you.
- The attorney investigates the accident, collects evidence from the site and safety records, and handles all negotiation with insurers.
- When choosing an attorney, ask how many construction cases they have handled, whether they have taken similar cases to trial, and what their typical settlement range is.
- Many attorneys offer a free initial consultation where you can describe what happened and learn whether you have a case worth pursuing.
How to find a construction accident attorney in Philadelphia
Start with referrals from people you trust—coworkers, union representatives, or your doctor. Union halls often keep lists of attorneys who regularly handle member injuries. If you belong to a trade union, call your local and ask for names.
The Pennsylvania Bar Association's website has a lawyer referral service where you can search by practice area and location. The Philadelphia Bar Association also maintains a referral list. These services do basic vetting—they confirm the attorney is licensed and in good standing—but do not rank them by quality or experience.
Online reviews on Google, Avvo, and Martindale-Hubbell can show you what past clients say, though remember that unhappy clients are more likely to leave reviews than satisfied ones. Look for patterns: if multiple reviews mention the attorney was unresponsive or did not return calls, that is a real signal. If one review complains about the outcome, that tells you less—many cases settle for less than the client hoped.
Once you have a few names, call and ask whether they offer a free initial consultation. Most do. This is your chance to describe the accident and ask specific questions before committing.
What to ask when you call or meet an attorney
Ask how many construction accident cases they have handled in the past five years. An attorney who has handled 50 cases knows the landscape better than one who has handled five. Ask specifically whether they have taken cases similar to yours to trial—not just settled them. Settlement is common, but you want an attorney willing to go to court if the insurance company lowballs you.
Ask what their typical settlement range is for cases like yours. They cannot promise a number, but they can tell you what they have seen. If they say "anywhere from $10,000 to $500,000," that is too wide to be useful; ask them to narrow it based on your specific injury and lost wages.
Ask who will actually handle your case. Some firms assign cases to junior attorneys or paralegals after the initial meeting. If you want the attorney you spoke with to stay involved, say so and confirm it in writing.
Ask about their fee structure. Most charge 33 percent if the case settles before trial and 40 percent if it goes to trial. Some charge a flat percentage regardless. Ask whether they cover costs upfront—investigator fees, medical record requests, informed witness fees—or whether you reimburse them from your settlement. This matters because costs can run $5,000 to $15,000 in a complex case.
What happens after you hire an attorney
The attorney will send a letter to the property owner's or contractor's insurance company notifying them of your claim. This starts the clock on the insurer's duty to investigate. You will be asked to provide a detailed account of the accident, your medical records, pay stubs showing lost wages, and any photos or video from the site.
The attorney will request the site's safety records, incident reports, and inspection records from the Occupational Safety and Health Administration (OSHA) if the site is large enough to be covered. OSHA keeps records of serious injuries and violations; your attorney can obtain these through a public records request.
The insurance company will likely request a recorded statement from you. Your attorney will prepare you for this and may attend the statement to protect your interests. Do not give a statement without your attorney present.
Most cases settle within 6 to 18 months. If the insurer makes an offer, your attorney will explain what it means and whether it is reasonable given the facts. You make the final decision on whether to accept or reject an offer. If you reject it and the case goes to trial, you are betting on a jury verdict, which is unpredictable.
Understanding contingency fees and costs
A contingency fee means the attorney's payment depends on your recovery. If you settle for $50,000 and the attorney's fee is 33 percent, they receive $16,500 and you receive $33,500. If you receive nothing, the attorney receives nothing.
Costs are separate from the attorney's fee. These include filing fees, court reporter fees for depositions, medical informed fees, investigator fees, and costs to obtain records. The attorney typically advances these costs and deducts them from your settlement before calculating their percentage. So if you settle for $50,000, costs are $8,000, and the fee is 33 percent, the math is: $50,000 minus $8,000 equals $42,000; 33 percent of $42,000 is $13,860 to the attorney; you receive $28,140.
Ask your attorney in writing how costs will be handled. Some firms absorb costs if you lose; others require you to repay them. Get this in your retainer agreement before you sign.
When to consider a different attorney
If your attorney does not return calls within two business days, that is a problem. Construction cases move slowly, but communication should not. If you feel rushed into accepting a settlement or pressured to take a low offer, you can fire your attorney and hire another. You will owe the first attorney their percentage of whatever the second attorney recovers, but you are not trapped.
If your attorney tells you upfront that they do not think you have a case, listen. They have no incentive to turn away money, so if they decline, it usually means the facts do not support a claim. Ask them why and consider getting a second opinion from another attorney.
If your attorney has a conflict of interest—for example, they also represent the contractor or the property owner—they must tell you and cannot represent you. This is rare but happens in small markets.
Philadelphia-specific factors in construction accident cases
Philadelphia has a busy construction market with ongoing development in Center City, University City, and the Navy Yard. This means many cases, which means insurers and contractors are familiar with local attorneys and judges. An attorney with a track record in Philadelphia courts has relationships that can help move your case forward.
Pennsylvania follows comparative negligence rules, which means if you are found partly at fault for the accident—for example, you were not wearing required safety gear—your recovery is reduced by your percentage of fault. If you are found 20 percent at fault and the jury awards $100,000, you receive $80,000. Your attorney will argue to minimize your share of blame and emphasize the contractor's or owner's violations.
Philadelphia courts are generally plaintiff-friendly in construction cases, meaning juries tend to side with injured workers over large contractors and property owners. This is not may provide, but it is a factor your attorney will consider when deciding whether to settle or go to trial.
Frequently Asked Questions
How long does a construction accident case usually take?
Most cases settle within 6 to 18 months. If the case goes to trial, add another 6 to 12 months. The timeline depends on how quickly the insurer investigates, whether there are disputes over liability, and how busy the court docket is. Your attorney can give you a better estimate once they review the facts.
What if I was partially at fault for the accident?
Pennsylvania allows you to recover even if you were partly at fault, as long as you were not more than 50 percent responsible. Your recovery is reduced by your percentage of fault. Your attorney will argue the contractor or owner bears most of the blame by pointing to safety violations or failure to warn you of hazards.
Can I switch attorneys if I am unhappy with mine?
Yes. You can fire your attorney at any time and hire another. The first attorney is may have access to to their percentage of whatever you ultimately recover, but you are not locked in. If you are considering switching, talk to a second attorney first to make sure you have a legitimate reason and that another firm is willing to take the case.
What if the contractor or property owner does not have insurance?
You can still sue them directly, though collecting a judgment is harder if they have no assets. Your attorney will investigate whether there is a parent company, whether the site is on leased property (the owner may be liable), and whether workers' compensation covers you. In some cases, your own workers' compensation insurance is your only recovery option.
Do I have to go to trial?
No. Most cases settle before trial. Your attorney will advise you on whether a settlement offer is fair, but you make the final decision. If you reject an offer and go to trial, you risk a jury verdict that is lower than the offer or even a loss. Discuss the risks and benefits with your attorney before rejecting any settlement.