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What kinds of damages can I claim in a construction accident? And what are the considerations in evaluating my case?
To evaluate your case, the insurance carrier will first try to determine who, if anyone, was negligent and therefore who was liable. They’ll want to know if you were partially responsible, and may find ways to insinuate that you were. Other big considerations include the seriousness of your injuries; the length of time before you recover; the cost of your care; and the possibility of long-term or permanent disability. They also include evaluation of the character or credibility of those involved, and whether there are grounds for claiming punitive damages for negligence. For example, punitive damages may be appropriate to claim when a risk of injury could have been foreseen or prevented or there are clear violations of safety rules and regulations. Outcomes also vary depending on typical settlements in your area, jury verdicts, and the expertise and clout of an attorney. (If your attorney has a good track record, the other side may not want to risk exposure in a trial and may settle sooner.) Insurance policy limits or the value of the defendants’ assets are also factors in a settlement demand. And of course, you need to consider whether the cost of litigation makes the case worthwhile, especially if liability issues are not clear and your injuries are not significant enough to fetch a big dollar amount.
As for what damages to claim, you can include the costs of your medical care, both current and future, and a subjective amount for pain and suffering in most states. You can also claim wage loss and lost earning capacity. You should also look at the extent to which injuries or time off from the job impact future work opportunities or job security, and even whether the injuries are so serious and permanent, maybe disfiguring, that you may not be able to return to construction work.
If have been injured at a construction site, seek the advice of an experienced construction accident attorney right away. |
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