There are several types of monetary damages that may be recovered by plaintiffs in construction accident claims. These damages can provide injured workers with crucial support during times of immense hardship. However, construction accident lawsuits can only be filed under certain circumstances.
Your ability to file a construction accident case will likely depend on the source of your accident. If your accident was caused by a third party’s negligence, then you may be able to sue them for the damages you sustained. However, if your accident is related to negligence exhibited by your employer or one of your coworkers, then you may be unable to file a lawsuit against them.
In the aftermath of a construction accident in West Lafayette, IN, seek support and guidance from our experienced construction accident and injury lawyers at Wruck Paupore by calling (219) 322-1166.
There are several factors that will be analyzed to determine what monetary damages to award in your construction accident lawsuit. During your free case review, our construction accident and injury attorneys will help determine which of the following types of damages may be available to you:
Plaintiffs in construction accident cases may obtain compensation for any medical expenses related to their injuries. This includes the cost of all past, current, and future medical treatment that victims may need. These damages are usually established using your medical records and bills. However, establishing a claim for future medical damages can be slightly more complex. In such cases, medical experts typically must be called on to demonstrate what treatment a plaintiff will need in the future.
Many injured workers are forced to spend time away from their jobs during their recovery. In these cases, plaintiffs may obtain payment for the lost wages that they incurred because of their injuries. Compensation for lost income is usually quantified using workers’ average weekly wages.
In severe cases, construction accident injuries will permanently restrict workers from performing certain tasks. In these instances, plaintiffs may retrieve damages for their lost earning capacity in the future. Similar to damages for future medical expenses, damages for lost future income usually must be established by expert witnesses.
Construction accidents have a high propensity to cause severe harm. Accordingly, in addition to causing high degrees of pain, the injuries caused by these accidents can also lead to significant emotional suffering. As an example, a worker who sustains a brain injury may be prevented from engaging in meaningful relationships with their spouse. Furthermore, someone who incurs damage to their spinal cord may be restricted from engaging in their favorite hobbies and activities after their accident. In these cases, plaintiffs may be entitled to substantial payment for the physical pain and emotional anguish they experienced.
Damages for out-of-pocket expenses may also be sought be plaintiffs in construction accident lawsuits. There are several types of out-of-pocket expenses that victims of construction accidents can incur. For instance, a worker who sustains a particularly debilitating injury may have to pay for costly assistance with transportation to and from doctor’s appointments. Further, a parent who is injured on a construction site may have to pay for help with child care while their injuries heal. Fortunately, such expenses may be compensated.
Finally, in some cases, construction workers may sustain property damage because of their accidents. As an example, a worker who suffers a fall may incur damage to their personal tools or cellular phone. In these cases, plaintiffs may pursue payment for the cost of replacement or repair of their damaged property.
If you share a degree of blame for your construction accident, you may still pursue compensation for your injuries. However, the amount of damages you are awarded can be limited.
Indiana follows the rules of modified comparative fault. This means that damages in construction accident lawsuits are apportioned based on each party’s percentage of responsibility. For instance, if you are 20% responsible for your accident while the defendant is 80% to blame, then the defendant will have to pay for 80% of the damages you incurred while you are left to account for the leftover 20%. However, if your share of fault exceeds 50%, then you will be unable to seek compensation in a construction accident lawsuit.
Construction accidents can come in several forms. The type of construction accident you sustained can play a major role in determining the legal strategies and analysis that will be utilized in your claim. Accordingly, determining the source of your accident is a crucial step toward recovering compensation.
Fires and explosions are a common source of injuries on construction sites. There are several forms of negligence that can lead to such accidents. For example, fires and explosions may result from equipment malfunctions, gas leaks, electrical issues, and improper handling of flammable materials. If you were injured because of a fire or explosion on a construction site, you may be able to sue the at-fault party.
Slip and fall accidents are also a very common type of accident that happens on construction sites. These accidents usually occur because workers fail to take appropriate care of their workspaces. When workers leave dangerous hazards unattended, they can cause other individuals to suffer devastating slip and falls.
Finally, electrocutions are another common source of injuries on construction sites. There are many forms of careless behavior that can lead to electrocution injuries. For instance, workers may be electrocuted because of faulty wiring methods or faulty electrical system design. Furthermore, some electrocution accidents happen because of a failure to adequately control hazardous energy.
Seek assistance from our experienced construction accident and injury attorneys at Wruck Paupore by calling (219) 322-1166 for a free assessment of your potential case.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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