Construction injury cases typically fall into two broad categories: personal injury or wrongful death. Within these categories, there are a variety of different types of damages that may be available to the injured party or the deceased’s family. An experienced attorney can review your case to determine what types of compensation you might receive for your injuries.
What Are Construction Site Damages?
This typically refers to the types of injuries that fall outside the scope of workers’ compensation. If you believe your employer’s negligence led to your accident, you may be able to file a personal injury lawsuit against them. Alternatively, if your loved one died due to a construction site accident, their surviving family members may be able to file a wrongful death claim.
You might also receive workers’ compensation for your injuries, even if your employer was not at fault. Workers’ compensation is a no-fault system, meaning it doesn’t matter who caused the accident. You should be eligible for benefits if you were injured while performing your job duties.
What Types of Damages Can You Secure in a Construction Injury Case?
The types of damages available in a construction injury case vary depending on the specifics of your case. They also depend on the kind of case your attorney chooses to pursue.
This can include the cost of ambulance transportation, hospitalization, surgeries, and any ongoing medical care you require due to your injuries. It may also include compensation for mental health services.
Lost Income and Earning Capacity
If your injuries are so severe that you cannot return to work, you may be able to secure damages for lost income and earning capacity. This can include the wages you would have earned had you not been injured and the loss of future earnings due to your reduced ability to work.
If your personal property sustained damages in the accident, you might receive compensation to repair or replace it. For example, you may drive your personal pickup truck for work. An accident involving the truck on the job could lead to both personal injuries and damage to the vehicle.
Pain and Suffering
This compensates you for the physical and emotional pain and suffering you have experienced due to your injuries or long-term disabilities. There is no one formula to quantify this, but an experienced attorney can help you determine a fair amount.
Loss of Consortium
If your spouse or partner dies in a construction accident, you may be able to file a loss of consortium claim. This type of claim seeks to compensate you for the loss of companionship and support caused by a partner’s death or incapacitation.
In some cases, the court may award punitive damages. The goal is not to compensate you for your losses but rather to punish the at-fault party. It aims to discourage the repetition of this behavior. Punitive damages are typically only awarded in cases of gross negligence or intentional harm.
Wrongful Death Damages
If your loved one died from their injuries, the surviving family members may be able to file a wrongful death claim. An experienced attorney can help loved ones determine what eligible persons have the strongest claims.
This type of claim is separate from a personal injury claim and seeks to compensate the family for their losses. The types of damages available in a wrongful death case vary by state, but they often include the following:
- Loss of companionship and support
- Funeral and burial expenses
- Loss of future earnings
- Pain and suffering
What Should You Do if You’ve Been Injured in a Construction Accident?
If you or a loved one has sustained injuries in a construction accident, it is crucial that you seek medical attention as soon as possible. Even if your injuries seem minor, only a doctor can confirm they are nothing to worry about. Failure to seek medical attention or follow the doctors’ orders could also negatively impact your case. Once you have received medical attention, reach out to an experienced construction accident lawyer.
If the doctor prohibits you from going to work, take this seriously. Returning ahead of schedule might make financial sense, but it could also harm your health, long-term earning capacity and your case. The employer might downplay your injuries or the insurance company might only take responsibility for the original injuries but not the complications that follow returning to work too early.
What Are Some of the Ways an Experienced Attorney Can Help?
Involve an experienced attorney as soon as possible in your case. Your attorney can provide the guidance you need to make good decisions and secure strong outcomes for your case. Here are some additional ways attorneys can help.
Reconstruct the Accident
Experienced construction accident attorneys have the resources and knowledge necessary to reconstruct the accident properly. This is important because it can help to establish how the accident happened and who was at fault.
Your attorney will also work to gather evidence to support your claim. This can include eyewitness testimony, video footage, photos and medical records. He or she will likely need this information to reconstruct the accident.
Navigate the Legal System
Construction accident cases can be complex, and an experienced attorney can help you navigate the legal system. Your attorney will also be able to deal with the insurance companies on your behalf so that you can focus on your recovery.
Negotiate With Negligent Parties and Their Representatives
Your attorney will negotiate with the negligent parties and their representatives in an attempt to get you a fair settlement. If they cannot agree, your attorney might suggest taking the case to court.
Prepares You for Trial
If your case goes to trial, your attorney will help you prepare. He or she will likely hire expert witnesses and work with you to develop a strong argument for why you should be compensated. Your attorney might also prepare you for taking the stand, if necessary.
Get You the Compensation Your Case Deserves
An experienced attorney fights to get you the maximum compensation your case might command. He or she begins by reviewing the case and considering all potential paths and outcomes before choosing an appropriate way forward.
What Should You Look for in a Good Construction Injury Attorney?
When choosing a construction accident attorney, you should look for someone with experience handling cases like yours. He or she should also be familiar with the applicable laws and have a proven track record of success in court.
It is also essential that you feel comfortable with your attorney and that they are someone you can trust. This is important because you will likely need to share sensitive information with your attorney during the course of your case.
Additionally, make sure you choose an attorney who has the time and resources to devote to your case. This is important because construction accident cases can be complex and time-consuming.
Finally, prioritize personal injury law firms with a strong record of success. Our team at Jason Stone Injury Lawyers has recovered more than $60 million across a wide range of personal injury cases, including construction accidents. Are you ready to see what our attorneys can achieve for you? Before you deal with the insurance companies on your own, you better phone Stone.®