Construction accidents do happen, regardless of the extent to which employers may try to create a safe environment. Even when such an approach is combined with employees who take precautions, these unfortunate events are all but inevitable.
What do settlements coming out of these incidents look like? All the relevant data is below to demystify the equation!
Understanding Construction Accident Settlements
These settlements offer compensation for injuries sustained on a construction site, including medical expenses, lost wages, and pain and suffering.
The idea is to provide funding to the affected party that provides some level of relief for the losses that have been incurred. While it may not be possible for victims to return to the life that they had before the accident happened, the allocation of this compensation will help them to function effectively within the confines of their new circumstances.
Settlements can be reached through workers’ compensation claims or third-party personal injury claims. Sometimes, there may be a combination of the two. The avenue that is taken will largely depend on the circumstances surrounding the accident. Was it something that happened on the site? Did a third party that works with the business cause the incident to occur?
The value of a construction accident settlement depends on various factors, including the severity of the injury, liability, and comparative negligence.
What Is the Average Construction Accident Settlement in New York?
Construction accident cases are very unique, and this includes the circumstances that surround them. This makes it very hard to try to pin down an average that injured construction workers can look forward to. The best course of action is to take the matter to a personal injury lawyer to get an idea of what damages may apply.
Factors Affecting Construction Accident Settlement Value
Injury Severity
Whether the approach taken aims to gain an award through workers' compensation benefits or a construction accident lawsuit, the extent of the injuries suffered matters. The evaluation methodology will usually consider the treatment that is required, as well as the level of impact that the crash has on the victim's daily life. While circumstances are unique, more severe injuries will usually attract a higher amount.
Medical Expenses
After a construction accident happens, the victim will usually need to be seen by one or more medical professionals. Any number of procedures and treatments may be required including medicine, surgery, physical therapy, etc. Some of these are one-off instances. Others will be continuous for a limited or indefinite period. It stands to reason that the medical bills associated with all this will need to be covered.
Lost Wages
This kind of personal injury case will usually result in the victim being unable to work temporarily or permanently. If either happens, a part of the compensation package that a construction accident attorney will fight for is an amount that will cover any existing or future lost earning capacity. Our team can explain the similarities when how pedestrian accident settlements are calculated in NY.
Pain and Suffering
These are non-economic damages that experienced construction accident lawyers can accurately evaluate on behalf of their clients. The physical pain and mental anguish that victims suffer after accidents yield negative effects on their lives, which means these should factor into the compensation package.
Types of Claims for Construction Accidents
Workers’ compensation claims provide benefits that cover medical expenses and lost wages. The funding for these comes from policies that employers will have in place to cover injuries to the workforce. Typically, construction companies will want to reduce their liability as much as possible, which means that they will have a level of insurance coverage that allows them to do so.
As indicated before, there are also third-party personal injury claims, which can provide additional compensation for pain and suffering, as well as the full extent of lost wages. The idea here is that there may be a third party that bears some level of liability in the accident that has transpired.
Of course, if this is the case, workers' compensation benefits may only partially offer coverage. In fact, there may be no coverage at all. Filing a lawsuit allows injured workers an avenue to still be able to get compensation for their suffering.
The Role of Comparative Negligence in Construction Accident Settlements
New York’s comparative negligence rule may reduce the settlement amount by the worker’s percentage of fault. The impact of comparative negligence on settlement amounts is not always a straightforward equation that is easily understood.
Typically, workers' compensation operates based on a no-fault system. This means that eligibility for compensation and the associated amount are not affected by the extent to which the victim caused the accident.
However, when independent claims are being filed, comparative negligence may be a real concern. Effectively, 100% fault exists in any accident. The actions taken by each party will determine their share of that. For example, a victim could be 20% at fault, which means the amount of compensation available may be reduced.
How to Maximize a Construction Accident Settlement
The most important thing in getting the highest amount of compensation possible is to retain the services of a construction accident attorney. Insurance companies are nothing short of brutal, and they will do whatever it takes to reduce the amount they have to pay out. It takes a skilled legal professional to handle negotiations well.
Gathering evidence is also a key part of succeeding in any personal injury claim. This is especially true in third-party claims where negligence matters. Gather photo and video evidence if possible. Witness statements and medical records are also helpful, though these can often be gathered with the assistance of a lawyer.
It is also important to share every piece of information with the attorney. If the idea is to calculate the full value of the claim, then every applicable entitlement needs to be known. The minute details may make a huge difference where non-economic damages are concerned.
Sometimes, insurance companies are not willing to offer a fair settlement through negotiations. If so, a seasoned personal injury lawyer will be ready to take the matter to trial and represent the victim to achieve greater compensation.
The Importance of Hiring a Construction Accident Lawyer
It should be abundantly clear that an expert attorney is a key part of a winning strategy when pursuing a construction accident claim. When these incidents occur, they take a mental toll on the victim. Having to deal with that while navigating a legal process that is largely misunderstood is a recipe for disaster.
Of course, the other side will retain their own lawyer, as they know the advantage doing so yields. They will use every trick in the book to get out of paying a fair amount, and much of it will work since victims will not know any better.
A good lawyer will handle the legal side of things and allow the client to focus on recovery. Of course, advice will be given every step of the way to maximize the chances of a successful claim process. For more information, the Law Office of Carl Maltese may be able to help.
Common Mistakes to Avoid in Construction Accident Settlements
Sometimes, victims are their own worst enemy in the pursuit of fair compensation. Do not make any of the mistakes below:
Failing to seek medical attention immediately after an accident - This is a huge health risk. There are often implications of an accident that are not immediately seen or felt that can be fatal. Additionally, there will be no documentation to indicate injury severity. Finally, the defense can argue that the injuries are not significant if no treatment was sought.
Neglecting to report the accident to the employer or insurance company - Workers' compensation benefits will usually have a process that requires a report to the employer. Third-party claims will usually require a report to the applicable insurance company. Foregoing either may mean leaving money on the table.
Not hiring a construction accident lawyer to represent - The benefits of hiring a proficient attorney were explained in detail above. In fact, if the initial report of the accident is to be made to an insurance company, leaning on the services of a personal injury lawyer first can help to ensure that the process is handled in a way that does not jeopardize the claim.
Accepting a low settlement offer - Never accept the first settlement offer, as it is usually intentionally low. Many victims have no concept of what their case is worth, which causes them to fall into this trap. Again, it is a good idea to have an attorney handle the negotiation side of things.
Not considering the long-term effects of the injury - This feeds into the settlement offer and medical attention elements. It is very hard to tell what the effects of the accident will be at the onset. Legal and medical professionals have a lot of industry experience that helps them make determinations that will lead to fair compensation that considers all possible effects.
Schedule a Free Consultation with a Driven NY Construction Accident Lawyer Today!
Construction accident injuries can turn your life upside down, especially when they are on the severe side of the fence. Compensation is a lifeline in what must be a difficult time. Let The Law Office of Carl Maltese help you to get the settlement that you deserve. Schedule a free consultation!