The amount you can expect to receive for a construction site injury claim depends on many factors. Your case’s value depends on several factors, including medical bills and treatment costs, lost wages, and pain and suffering. Generally, a construction injury case’s value is higher when the defendant’s fault is apparent and injuries are severe.
There’s no simple formula for determining how much money you might collect after a construction site injury. The best way to get a reasonable estimate is to speak with a construction site injury attorney, like at the Hartley Law Firm, and discuss the details of your case. Once we understand the full extent of your injuries, our legal team can provide an assessment of your case’s value. To get started, please connect with us online or by phone to set up a free case consultation.
Factors That Determine the Value of a Construction Site Injury
The value of your case depends on multiple factors, including which types of damages you sustained from the injury. In a Texas construction site injury case, you may be able to collect economic, non-economic, and punitive damages.
Economic damages cover the actual costs you incur due to the accident. Economic damages include:
- Medical bills,
- Lost wages,
- Lost benefits, and
- Any other out-of-pocket expenses from your construction site injury.
Economic damages are more straightforward to calculate than non-economic damages. They represent actual financial losses with a dollar amount attached to them.
Under Texas law, you can seek compensation for various intangible losses that are hard to quantify. These losses are called non-economic damages. Non-economic damages include the following:
- Physical pain and suffering;
- Mental or emotional anguish;
- The inability to maintain an intimate relationship, known as loss of consortium;
- Loss of the enjoyment of life;
- Loss of companionship and society; and
- Disfigurement or impairment.
Non-economic damages compensate you for the injury’s impact on your quality of life.
Under Texas law, exemplary or punitive damages intend to make an example out of the defendant. Punitive damages punish the at-fault party for malicious, fraudulent, or grossly negligent behavior. Punitive damages have strict statutory requirements. Thus, they are more difficult to recover in personal injury cases.
Who Is Liable for a Construction Site Injury?
Many parties may be responsible for a construction injury. Responsible parties may include property owners, architects, contractors, construction workers, or equipment manufacturers. Many construction accidents involve the negligence of multiple parties.
Does Workers’ Compensation Affect My Construction Site Injury Compensation?
Under the Texas workers’ compensation system, most private employers get to elect whether to participate in the workers’ compensation program. Those who do not participate are called non-subscriber employers.
Workers’ Compensation Employer
Suppose your employer subscribes to workers’ compensation insurance, and your injury occurred while working. In that case, you’ll file a claim with the Texas workers’ compensation insurance program. Under the Texas workers’ compensation system, injured workers are generally precluded from filing a personal injury claim against an employer if their employer subscribes to workers’ compensation insurance. However, there are some exceptions.
Sometimes workers’ compensation benefits don’t cover your losses or the insurance company denies your claim. Thus, discussing your case with a construction site injury lawyer at our office is essential. We can help you determine whether to file a lawsuit against the responsible party.
If your employer does not subscribe to workers’ compensation insurance, they’re a non-subscriber employer. In this case, your only option is to file a lawsuit for your injuries to recover medical expenses, lost wages, and other compensation. If your employer doesn’t subscribe to workers’ compensation, you should speak with our office immediately.
The Role of Insurance in Construction Site Injury Cases
Whether the at-fault party has insurance coverage may affect the value of your case. In a construction site accident, the responsible party’s insurance may have to pay some or all of your compensation. Insurance companies evaluate the following:
- The strength of your case based on the evidence;
- How the law applies to the circumstances of your case; and
- Information about past verdicts and settlements.
The insurance company may assess your claim at a higher value if you have strong evidence.
Contact an Experienced Construction Site Injury Attorney
The attorneys at Hartley Law Firm understand that each construction site accident is unique. Let us discuss the facts of your case so we can provide you with the potential value of your case and your legal options. Our attorneys focus exclusively on personal injury matters. We aggressively advocate for our clients no matter what it takes. Whether we engage in settlement negotiations or take your case to trial, you can count on us to show up and fight for you. Contact a construction site injury attorney at Hartley Law Firm today to schedule a free consultation.