One of the first things our clients often ask us is, “How much is my construction accident case worth?” With mounting medical bills, the possibility of temporary or permanent disability, and an unclear return-to-work date, it’s a pressing question for many injured Houston construction workers.
A Houston construction accident lawyer considers many things when valuing your case, including how badly you’re injured and the circumstances under which the accident happened.
The Havens & Associates legal team has decades of combined experience representing injured workers. Our deep knowledge of Texas personal injury laws gives us exceptional insight into properly valuing a construction accident claim.
What information does my lawyer need to value my construction accident claim?
Victims of a construction accident (called the plaintiff) are eligible to collect both economic and non-economic damages. The first step in valuing your claim is assigning a value to all your economic or tangible out-of-pocket losses. These include:
- Medical bills: Any costs associated with treating your injuries, from an initial ambulance ride to a hospital stay, physical therapy, prescription medications, and follow-up doctor’s visits, are all included. It may also cover your transportation expenses for medical appointments and therapy.
- Lost wages: The money you didn’t earn because you missed work to heal from your injuries should all be covered, even if you took vacation days, sick time, or PTO.
- Property damage: If there was damage to your phone, watch, tools, or other personal belongings in the accident, you can demand restitution for them.
You’re also entitled to recover the estimated cost of future medical treatment, nursing care, and loss of earning potential. For example, suppose you can no longer continue in your current position because your injuries are too severe. You must take a lower-paying job, or you may be unable to work. In that case, you may demand the difference between what you are earning and what you should have been earning.
Estimating future damages can be tricky and subjective. You need a lawyer with experience valuing these cases and the testimony of economic expert witnesses to establish the value of future damages.
How can we help you calculate the value of pain and suffering damages?
The non-economic damages available to plaintiffs include:
- Pain and suffering from your injuries
- Emotional trauma and mental anguish
- Diminished quality of life
- Damaged relationships (loss of consortium, loss of counsel)
- Disability
- Scarring and disfigurement
Some cases warrant punitive damages in addition to economic and non-economic damages. These are punishing in nature rather than compensatory and are usually assessed against defendants whose behavior is exceptionally egregious. Think of punitive damages as a fine or a deterrent to others instead of compensation for losses.
Other considerations when valuing construction accident claims
Although you can get a ballpark figure for your case’s value using these methods, only an experienced construction accident lawyer can advise you of the true worth of your unique claim.
Another consideration for your case’s value is whether you were at fault or contributed to the accident. Texas is a modified comparative negligence state for personal injury claims, which means that even if you carry some blame for the accident, you may still recover damages.
The amount of your settlement is reduced by the percentage of the blame you contributed. For example, if your case is worth $50,000, and the court determines you are 10% responsible for the accident, then your settlement would be $45,000.
If you need help pursuing damages after a construction accident? We want to help you.
If you’ve been hurt on a job site, you may be entitled to seek compensation in addition to any workers’ comp benefits your employer may provide. In some cases, a personal injury claim is the only avenue for recourse – and our lawyers are ready to help you secure the highest possible settlement for your claim.
Call Havens & Associates today at (713) 955-2215 for a free consultation with an experienced construction attorney.
