Factors That Influence Compensation Amounts
Construction accidents can result in life-altering injuries and substantial financial burdens. When pursuing a personal injury claim after a construction accident, understanding the factors that influence settlement amounts is crucial. Multiple elements are considered during negotiations to determine fair compensation. In this blog post, we will explore the key factors that influence construction accident settlements, providing examples to help you grasp their impact on the compensation you may receive.
- Severity of Injuries:
The severity of your injuries directly affects the settlement amount. Consider two scenarios: In the first case, a construction worker sustains minor cuts and bruises that heal relatively quickly. The settlement amount in this situation may focus on covering medical expenses and any short-term lost wages. In contrast, consider a second case where a worker suffers a severe spinal cord injury that causes permanent paralysis. In such a case, the settlement amount will likely include extensive compensation for long-term medical expenses, ongoing care, lost earning capacity, and emotional distress.
- Medical Expenses:
The total medical expenses incurred due to the construction accident play a significant role in determining the settlement amount. For example, if a worker requires emergency surgery, hospitalization, rehabilitation, and ongoing physical therapy, the settlement will likely include compensation for these expenses. Additionally, future medical needs, such as assistive devices or specialized treatments, will also be considered when calculating the settlement.
- Lost Wages and Future Earning Capacity:
The impact on your ability to work and earn a living is another critical factor. For instance, if a construction accident causes a worker to miss a few weeks of work, the settlement may aim to cover the lost wages during that period. However, if the injuries result in long-term disability, preventing the worker from returning to their previous job or significantly reducing their earning capacity, the settlement will likely include compensation for future lost wages and the diminished ability to earn income.
- Pain and Suffering:
The physical and emotional pain endured following a construction accident is an important consideration in settlement negotiations. For instance, a worker who suffers from chronic pain, emotional trauma, and loss of enjoyment of life due to a construction accident may be eligible for a higher settlement amount to compensate for these intangible losses.
- Liability and Negligence:
The degree of liability and negligence on the part of the responsible party can significantly impact the settlement amount. For example, if a construction worker is injured due to a clear case of negligence, such as inadequate safety protocols or faulty equipment, the settlement may be higher to reflect the level of responsibility attributed to the liable party. However, if the worker shares some responsibility for the accident, the settlement amount may be reduced accordingly.
- Insurance Coverage:
The insurance coverage available to the responsible party can also affect the settlement amount. For example, if the responsible party has limited insurance coverage or the policy has low policy limits, it may restrict the maximum amount that can be recovered in the settlement. In such cases, the settlement amount may be influenced by the available insurance coverage.
- Legal Representation:
The quality of legal representation plays a crucial role in securing a fair settlement amount. An experienced construction accident attorney understands how to build a strong case, negotiate with insurance companies, and advocate for maximum compensation. Having skilled legal representation increases the likelihood of obtaining a favorable settlement.
Choose The Dashner Law Firm For Your Construction Injury Case
If you or someone you love has been injured in a construction accident, it is important to choose the right attorney for your case. You need a Texas construction accident attorney who has experience handling construction accident cases and who will fight tirelessly to get you the justice you deserve. The construction accident attorneys at The Dashner Law Firm have extensive experience handling construction accident cases, and we will use our knowledge and resources to build a strong case on your behalf. We understand the complex laws and regulations that apply to construction accidents, and we will use our experience to get you the compensation you deserve. Contact a construction accident attorney in Irving, TX today for a free consultation, and let us help you get the justice you deserve.