Introduction
Construction is a high-risk environment, with heavy machinery, heights and physical risks. Accidents can be devastating, causing lasting injuries, and financial and emotional distress.
Understanding the types of damages in a construction accident claim can help ensure you’re not under-compensated and know what to expect.
If you have been the victim of a workplace injury, you may be wondering: What do construction accident lawyers claim damages for? It’s more than medical expenses. And, with the assistance of an attorney, you may be able to recover both economic and non-economic damages.
What is a Construction Accident Claim?
A claim for a construction accident is a lawsuit brought by employees or third parties against a negligent party for damages incurred through unsafe work conditions. While Workers’ Compensation may cover some expenses, this may not be enough.
This is where a construction accident lawyer can help. They will evaluate your case, identify all potential sources of compensation and make a strategy to seek damages.
Economic Damages: Recovering Monetary Losses
Economic damages are tangible monetary losses. These are the foundation of a construction accident claim.
Medical Expenses
Medical bills are usually the largest element of a construction accident claim. A good lawyer will ensure both past and future medical expenses are taken into account, including:
- Emergency room visits
- Surgeries and hospital stays
- Physical therapy and rehabilitation
- Prescription medications
- Extended care or specialized treatment
Your lawyer makes sure you don’t end up with a surprise medical bill.
Lost Wages and Income
You may be unable to work for a while, or forever. A construction accident attorney helps you recover compensation for:
- Loss of income while recovering
- Reduced earning capacity
- Passed up career opportunities
This helps prevent you from experiencing financial difficulties, even if you can’t work in the future.
Property Damage
Some construction accidents can damage your property, such as tools, equipment and cars. You can claim these as well and won’t have to spend money to repair or replace them.
Non-Economic Damages: Human Costs
There are things money can’t buy. Non-economic damages can include compensation for the mental and physical effects of an injury.
Pain and Suffering
You can seek compensation for physical pain and mental suffering as a result of your injuries. This can depend on the extent and duration of your injuries.
Emotional Distress
Construction accidents may lead to anxiety, depression and even post-traumatic stress. Your construction accident lawyer can attest to these effects and claim them as a loss.
Loss of Enjoyment of Life
If you can’t participate in an activity, hobby or interest you used to enjoy, you may be able to claim damages for this as well.
Punitive Damages: Punishing Negligence
Punitive damages may be awarded for gross negligence or recklessness. This is not for compensation of the victim, but for punishment of the negligent party and to deter others from being negligent.
For example, if a contractor willfully ignored safety regulations or failed to provide the necessary safety equipment, punitive damages may be ordered.
Construction Accidents and Wrongful Death Damages
Unfortunately, sometimes construction accidents are fatal. In these cases, the loved ones of the victim may pursue a wrongful death action.
Thanks to a construction accident lawyer, you can be compensated for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering of family members
These types of claims attempt to compensate financially and hold people accountable for this difficult time.
Factors That Affect the Value of Your Claim
Not all claims for construction accidents are the same. There are many factors which determine how much compensation you receive:
- Severity of the injury
- Time off work or disability
- Impact on your ability to work
- Strength of evidence
- Degree of negligence involved
Your attorney will take these factors into account when filing a claim to ensure you are compensated fairly for your injuries.
Construction Accident Attorney Helps You Get the Most
A construction accident attorney can help you get the compensation you deserve. They have the knowledge, negotiating skills and time that many people lack.
They help by:
- Thoroughly investigating the accident
- Identifying all at fault (contractors, property owners, manufacturers)
- Gathering evidence to back up your claim
- Negotiating with insurance companies to settle your claim
- Litigating your claim if needed
Their aim is to help you get full compensation for your claim.
Don’t Make These Claims Mistakes
There are certain things you can do after a construction accident that may jeopardize your claim. It’s important to avoid these errors:
- Settling for an early offer
- Not getting prompt medical treatment
- Not keeping records of injuries and costs
- Interviewing with insurance adjusters
Construction accident lawyers can help you overcome these challenges and protect your rights.
Why Legal Representation Matters
Construction accident legal issues are often complex, involving various parties and laws. Without proper advice, you may not be compensated for all of your damages, or underestimate your claim.
Having an experienced lawyer means that:
- Any type of damages are considered
- Your rights are fully protected
- No need to settle for less
This type of service can make a significant difference on your pocket and well-being.
Final Thoughts
What are construction accidents attorneys able to get? There’s more than medical bills on the list. A skilled attorney can help you pursue compensation for lost income, future medical costs, pain and suffering and loss of enjoyment of life.
Construction accidents can be traumatic, but you don’t have to go through it alone. And with a lawyer, you can pursue compensation to help get your life back on track.
