Clients often ask their attorneys, “what personal injury compensation can I recover in a construction accident case?” The amount of personal injury compensation available is a complicated question and the answer will vary from case to case. However, there are broad categories of compensation that you can receive which we will discuss here.
When asking “what personal injury compensation can I recover in a construction accident case?” it is important to remember that construction accidents often have serious and permanent effects, both physically and financially. For that reason, construction accident lawsuits are complex and can take years before they are resolved. Most injured workers are worried about how they will support their families while their case is pending. If you are injured while in the course of your employment, you will be entitled to receive workers’ compensation benefits. This is separate from a lawsuit. It covers all medical treatment you need as a result of injuries you sustained in the workplace accident. In addition, you will receive lost wage benefits, as long as you are medically unable to return to work.
In a construction accident personal injury case, the personal injury compensation you receive can be separated into two main categories. The first category of compensation is compensation for your injuries. The second category of compensation is for your other financial losses related to the accident. If you settle your construction accident case, you will receive one lump sum which will include all of these categories. However, if your construction accident case goes to trial, a jury will award you compensation in each of these categories.
Pain and Suffering Personal Injury Compensation
Personal injury compensation for injuries you sustain is commonly referred to as “pain and suffering.” At trial, you will testify about your injuries, the pain caused by those injuries, and the way the injuries and pain have negatively impacted your life. Your doctors will also testify about the extent of your injuries, the pain you suffered, and the pain you will continue to suffer in the coming years.
A jury will issue two separate awards for past and future pain and suffering. An award for for past pain and suffering compensates you for the pain and suffering that you sustained from the day of the accident until the date of the verdict. The award for future pain and suffering compensates you from the date of the verdict forward. For future pain and suffering, the jury will decide both the amount of the compensation and the period of time it covers.
The second category of compensation is “economic damages”. This covers other financial losses related to your construction accident. Generally speaking, economic damages consist of past and future lost wages, and past and future medical expenses. Past lost wages compensate you for all the time you missed from work. This goes from the date of the accident until the trial. Future lost wages will compensate you from the date of the trial going forward. This award compensates you for lost wages until the date you can return to work or until your retirement date. In addition to being compensated for lost wages, you will also be compensated for lost benefits. This includes benefits such as health insurance, pension, or annuity.
Past and future medical expenses compensate you for the costs of medical treatment. Past medical expenses relate to out-of-pocket medical expenses you have had through your trial date. Future medical expenses relate to medical expenses you will incur going forward. Your doctors will testify as to your medical prognosis in the future. They will also testify as to the treatment you will need going forward. Expert witnesses will take the treatment your doctors recommended and calculate its cost. They will take into consideration anticipated increases in medical costs over time. You can also apply for worker’s compensation benefits which will help pay for medical bills up to a certain limit.
Every construction accident case is different. The amount of personal injury compensation you receive will vary depending on the circumstances. The Platta Law Firm’s personal injury attorneys are ready to go the extra mile to fight for the proper compensation for your injuries.