Construction site accidents are incredibly common. While some may only cause muscle strain or bruising, others can affect one’s ability to work and long-term earning potential. If you’ve had a family member experience a fatal construction accident, the impact is even more acute. Along with the cost of settling their final expenses, there’s also the incalculable loss of a loved one.
When you or a family member is injured in an accident caused by the negligence of someone on a construction site, you may have the right to recover damages, even for less concrete losses like pain and suffering or loss of companionship (in the case of a fatal injury). The types of damages you can sue for in a construction accident depend on the extent of your injuries, how they were incurred, and how they have — and continue to — impact your life.
Here are a few common damages and losses that you should be aware of as you weigh your options after a construction site accident.
Types of Damages You May Be Able to Sue For
While insurance may cover the cost of some injuries, you may be able to recover more in a personal injury lawsuit. Additionally, if you have suffered a serious or long-term injury, there may be categories of losses and damages you have not considered. This is why many accident victims choose to consult with a construction accident lawyer before deciding how to move forward with their case. Some damages you may be able to sue for include the following:
Non-pecuniary damages compensate you for any non-monetary damages from your injury. These include pain and suffering, mental anguish like trauma and anxiety, and loss of companionship. These damages can be difficult to calculate and prove, which is one reason why it’s helpful to work with an experienced construction accident injury lawyer. Some common non-pecuniary damages include:
- Pain and suffering for your injuries or the injuries of a loved one before their passing
- Loss of companionship (applies to wrongful death construction accident cases)
- Mental anguish and trauma
- Loss of enjoyment of life, such as your ability to participate in hobbies or activities
- Physical and intellectual impairment
Pecuniary damages compensate you for any financial loss from your injury, including expenses incurred and money lost. These include calculable losses and damages that can be assigned a specific monetary value, such as:
- Medical bills, including future medical care and mental health care
- Loss of income and future earnings
- Out-of-pocket expenses, such as household expenses
- Loss of inheritance, in the case of a wrongful death claim
Special damages based on receipts and bills can be easier to establish. Future medical care expenses and those that impact potential earnings based on things like upward trajectory in your career and work-life expectancy, however, can be more challenging to determine. A construction site accident attorney can help you identify medical professionals who have experience estimating the cost of future care. They can also help you quantify your potential loss of income and earning capacity.
Wrongful Death Damages
If a loved one is fatally injured in a construction site accident, you can sue for wrongful death damages. These include funeral and burial expenses, any medical bills accrued before death, the pain and suffering of your loved one before their passing, and your own emotional distress. You can also seek damages for things like loss of companionship, inheritance, and financial contribution.
Depending on the accident, you may be able to sue for punitive damages. You can generally request punitive damages if the other party purposefully caused your injury through such things as physical assault or fraudulent behavior.
Schedule a Free Consultation with FVF
Many factors contribute to what types of damages you can sue for in a construction accident and how much money you can recover. Our expert construction site accident lawyers can help determine who caused your injury, the extent of the damage, and what you may be able to recover in a lawsuit.
A construction accident can be traumatic, especially if it results in death. Our compassionate team takes the time to go over all aspects of your case with you during a free evaluation so you can get the answers and relief you deserve. Contact us today to talk to an experienced construction accident injury lawyer who can help.