Personal Injury Lawyers
Building Accident Compensation Claims

Building accidents that may qualify for personal injury compensation include:

• Slips, trips and falls due to poor building maintenance or construction debris
• Injuries from falling objects at construction sites or building facades
• Accidents caused by defective building structures or unsafe design
• Falls from unsafe balconies, stairs, or elevated areas
• Injuries from collapsing scaffolding or temporary structures
• Accidents due to inadequate lighting in stairwells or common areas
• Trips on uneven surfaces, damaged flooring, or construction materials
• Injuries from falling ceiling tiles, light fixtures, or building components
• Accidents in building car parks due to poor maintenance or design
• Injuries from inadequate safety barriers or fencing around construction zones
• Falls through unsafe floor openings or unprotected edges
• Exposure to hazardous materials or asbestos during renovations
• Accidents caused by defective lifts, escalators, or building systems

To establish a valid building accident compensation claim, you must prove that the building owner, manager, or construction company knew or should have known about the hazardous condition and failed to take reasonable steps to address it, implement safety measures, or comply with building regulations.

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether building owners and construction companies breached their duty of care in maintaining safe premises and complying with safety regulations.

Potentially responsible parties for building accidents in NSW include:

• Building owners responsible for overall property safety and maintenance
• Property management companies that oversee building operations and repairs
• Construction companies conducting building works or renovations
• Principal contractors responsible for site safety and coordination
• Subcontractors performing specific construction tasks
• Architects and engineers whose design defects contributed to accidents
• Building certifiers who approved unsafe structures or practices
• Owners corporations in strata buildings responsible for common property
• Scaffolding companies providing temporary access structures
• Local councils that may own or maintain public buildings

The nature of your accident affects who may be held liable. Construction-related accidents may involve contractors and builders, while building defects may involve designers, certifiers, and property owners.

At Stacks Goudkamp, we conduct thorough investigations to identify all potentially responsible parties and hold them accountable for breaching building safety standards.

Proving negligence in building accident claims requires establishing:

• The building owner, manager, or construction company owed you a duty of care to maintain safe premises
• They knew or should have known about the hazardous condition
• They had reasonable opportunity to address the hazard or implement safety measures
• They breached their duty through negligent maintenance, unsafe construction practices, or failure to comply with building regulations
• Their breach directly caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• Building permits, construction plans, and approval documentation
• Safety inspection reports and compliance records
• Maintenance records showing building upkeep frequency
• Incident reports documenting previous complaints or accidents
• Compliance with Work Health and Safety Act 2011 (NSW) and Building Code of Australia
• Witness statements from workers, visitors, or residents who observed the hazard
• Photographs of the hazardous condition and building defects
• Medical records documenting your injuries and treatment
• Expert assessments from structural engineers, building safety specialists, and construction experts

For building accident claims, we must establish that the responsible party failed to comply with mandatory safety standards, building codes, or maintenance requirements. This often requires examining building permits, safety protocols, and regulatory compliance.

At Stacks Goudkamp, we work with experienced investigators, structural engineers, building safety experts, and medical professionals to build compelling evidence demonstrating how negligent building management or construction practices caused your injuries.

Compensation for building accident injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home and vehicle modifications if permanent disability resulted

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries.

Building accidents often result in serious injuries, including falls from height, crush injuries from falling objects, and structural collapses. The value of your building accident claim depends on your prospects of success and the seriousness of your injury. Most claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts, structural engineers, and financial advisors to ensure all impacts of your building accident, including permanent disabilities and long-term care needs, are properly quantified and included in your claim.

In NSW, strict time limits apply to building accident compensation claims. Generally, you have:

• 3 years from the date of your accident to commence proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries, particularly long-term impacts
• Identification of the responsible party among multiple contractors and owners
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a personal injury lawyer as soon as possible after your building accident to ensure your rights are protected. Early action is crucial because construction sites are rapidly modified, evidence of defects may be destroyed, and witness memories fade over time.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your building accident compensation claim.

At Stacks Goudkamp, we handle building accident compensation claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• If your public liability claim is successful, the insurer/defendant will pay a large portion of your legal fees

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports from structural engineers and safety specialists, medical assessments, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your building accident compensation claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of building accident claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

Building accident claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the building owner or construction company
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary to secure the compensation you deserve.

If you’re injured in a building accident, taking these steps can protect your health and potential claim:

• Seek immediate medical attention for your injuries
• Report the accident to the building owner, manager, or site supervisor and insist on completing an incident report, obtaining a copy
• Take photographs of the hazardous condition, building defect, or construction site, including wide shots and close-ups
• Collect contact details from witnesses who saw your accident
• Keep all medical records and receipts related to your treatment
• Document how your injuries affect your daily activities and work
• Note the names of contractors, subcontractors, or workers present at the site
• Don’t admit fault or sign any documents without legal advice
• Preserve clothing, safety equipment, or items as potential evidence
• Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in building accident cases because:

• Construction sites are rapidly modified and evidence disappears quickly
• Building defects may be repaired immediately after accidents
• Witness workers may move to different job sites
• Safety records and compliance documentation are critical evidence

At Stacks Goudkamp, we provide free, no-obligation assessments of building accidents and can immediately request preservation of site conditions, safety records, and compliance documentation to protect your legal rights.

Building accident claims where you were trespassing or unauthorised are more complex, but you may still have grounds for compensation in certain circumstances. NSW law considers:

• Your compensation may be significantly reduced based on your status
• Property owners owe lower duties of care to trespassers than lawful visitors
• You may still recover damages if the building owner acted with deliberate disregard for safety
• The court will assess whether your trespassing contributed to the accident

However, several factors affect trespassing cases:

• If the building site failed to have adequate fencing or warning signs preventing access, liability may still exist
• If you were a child, property owners owe higher duties of care even to trespassers
• If the building owner knew or should have known trespassers commonly accessed the site, they may be liable for obvious hazards
• If your injuries resulted from deliberately unsafe conditions or gross negligence, compensation may still be available

Examples where compensation may still apply:

• Children injured on construction sites without adequate fencing
• Workers injured while legitimately accessing areas for work purposes
• Visitors injured in areas they reasonably believed they were permitted to access
• Injuries from building defects that endangered public safety beyond the property boundaries

At Stacks Goudkamp, we assess each case individually, considering your legal status on the property and whether the building owner’s negligence was so extreme that duty of care obligations still applied despite your unauthorised presence.

Building accident compensation claims typically take between 12 and 24 months to resolve, though timeframes can vary based on:

• The complexity of establishing liability among multiple parties (builders, contractors, owners)
• Whether fault is disputed by the building owner, construction company, or insurer
• The severity of your injuries and long-term prognosis, particularly for falls from height
• The time needed for medical assessments and expert reports from structural engineers
• Investigations into building code compliance and safety violations
• The willingness of parties to negotiate settlement
• Court schedules if litigation becomes necessary

Simple building accident claims with clear liability may resolve in 6-12 months, while complex cases involving serious injuries, multi-party liability, structural defects, or disputed building code compliance may take 18-24 months or longer.

Factors that can expedite resolution:

• Clear evidence of building code violations or safety breaches
• Cooperation from witnesses and site workers
• Prompt medical treatment and documentation
• Early legal representation
• Availability of building permits, inspection reports, and compliance documentation

Approximately 90% of building accident claims settle without requiring a full court hearing, often through negotiation or mediation. However, we’re fully prepared to take your case to court if necessary to secure fair compensation against building owners and construction companies.

At Stacks Goudkamp, we work efficiently to progress your building accident claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process, understanding that building accident injuries often require extended medical treatment and recovery periods.