Determining the Value of Your Construction Accident Case
One of the first questions you may have after you are injured in a construction accident is about the value of your case. It is important to know that every case is different, and there is no “average” amount that a construction injury claim will result in. That being said, there are factors that may increase the value of your case and things that you can do to help ensure you receive the largest recovery possible.
At Siegel & Coonerty, LLP, we provide dedicated representation for construction injury cases. Our team of accident lawyers can help you understand what factors go into determining damages. They will work relentlessly to get you the compensation you deserve if you sustain harm on a construction site or while working for a construction company. Contact our office at (212) 532-0532 for a free consultation.
Determining Liability After a Construction Accident
There can be no recovery if there isn’t liability, or fault. One needs to prove negligence under the law before the injury comes into question. So, if you are injured in a construction accident, one of the first things you should do is to consult with an experienced attorney. A New York construction accident lawyer can help you determine your legal options and help hold any responsible parties liable for your injuries. It is vital to act quickly, as you only have a limited amount of time to file a claim for damages.
Depending on the circumstances of your case, there may need to be an independent investigation to determine the cause of your injuries. An attorney can help conduct the investigation and figure out who should be held liable.
Workers’ Compensation or Personal Injury Lawsuit
In some cases, your exclusive remedy may be through filing a claim for workers’ compensation. Most employers in New York are required to carry workers’ compensation insurance for their employees. Workers injured on the job, regardless of fault, are then able to file a claim for benefits. Workers’ compensation benefits may include payment for medical bills, lost wages, rehabilitation, and death benefits.
In some instances, it may be necessary to file a personal injury lawsuit in order to hold a negligent party accountable for their wrongdoing. Without the help of an attorney, it may be challenging to know which legal avenue to pursue. It is generally in your best interest to consult with an attorney prior to filing either claim.
Valuing Your Damages
While no two construction injury cases are exactly the same, there are some factors that can increase the value of a claim. The amount of damages may be determined by things like the extent of your injuries and the cause of the accident.
The value of your construction injury case may be determined by:
- Your injuries
- Who was at fault
- The insurance coverage limits
- Your medical bills - both past and into the future
- How much time you were unable to work
- Whether you are married and/or have dependents
- Whether you are ever able to return to work
- Your lost wages and loss of future earning capacity
- Lost Social Security benefits, or any other retirement plans/benefits
- The extent of your medical/surgical treatment
- Your prognosis
- The extent of your past and future pain and suffering
Your two initial concerns should be to seek medical treatment and retain an attorney. Failing to seek medical attention for your injuries could directly affect your case. Additionally, you should consult with an attorney as early in the process as possible and never sign anything without having an attorney review it first.
How to Obtain a Free Consultation
If you were injured in a construction accident, contact our office at (212) 532-0532 for a free, no-obligation consultation. When you sustain a construction injury, you need professional representation. Call our office to speak directly with an experienced attorney.