Due to the movement of large and dangerous machinery, possible falling objects, the use of hazardous substances and potentially unsafe tools and equipment in the construction industry, a range of injuries could occur at any moment. The victims of these accidents are usually entitled to make a construction injury claim for compensation. But determining how much the injury is worth is a complicated matter.
The sum you receive from an injury claim will not heal your injuries, but it can help with a variety of home and medical expenses that can give you the peace of mind and security you need to get better and to return to work.
The Damages Formula
Because pain and suffering or missed experiences and lost opportunities don’t usually carry a price tag or known value for each person, there is often a calculation done to quantify these injuries into a dollar figure. Usually, this calculation is done by insurance companies; however anyone can use the basic formula. All of your medical expenses and costs will be factored into the formula as “special damages.” “General damages,” which include pain and suffering, permanent disability and emotional damages, are also added into the equation. Then they will look to see how severe the injury is and assign it a multiplier to coincide with the severity. Finally, they add up all the potential missed income and/or missed experiences to come up with a final range of damages available for a particular injury to a particular person.
Percentage of Fault
The damages formula above only provides a range or estimate of the damages available, while the percentage of fault will determine how much of that possible estimate of damages will be paid to the injured party. Determining the percentage of fault for each party in an accident is never an exact science, but is a loose assignment of the factors at play in any accident. It can range from the injured party being 0% at fault for the accident, all the way up to 100% at fault. If the injured party is found 0% at fault, then the court will award them the full amount of damages claimed in the lawsuit. However, if the injured party is found even 10% at fault, his damages will be reduced by the amount he was at fault. For example, if you were injured and claimed $100,000 in damages total, and the court found you 25% at fault for the accident, you would only receive $75,000 in damages for your injuries. (Needless to say that if you are found 100% at fault for the accident, you will recover nothing in damages).
Determining the value of your claim as well as the percentage of fault takes careful calculation, investigation and work. Hiring a construction accident lawyer can be a valuable tool when major construction injuries are involved. Contact the experienced construction accident lawyers at Stoner Grannis LLP today for a consultation regarding your construction accident claim.