Is the settlement that I am being offered for my New York construction accident injuries fair?

Injured Worker Talking to His Lawyer After a Construction AccidentOne of the biggest problems construction workers face when accepting a settlement is knowing whether the amount offered is enough to cover all of their losses. Unfortunately, once you accept a settlement, it is likely binding—meaning you won’t be able to recover additional money for the same injuries in the future. For this reason, it is important to know how much of your accident costs will be covered in the settlement offer before accepting it.

Costs That Should Be Included in a Construction Injury Settlement

Much like injury costs, settlement offers can vary widely based on the specific facts of each construction accident case. However, there are a few basic costs and losses that should be included in the majority of accident cases.

Before you accept a settlement, you should consider whether it compensates you for:

  • Past medical expenses. At the very least, a settlement offer should provide payment for all of the medical treatment that you have undergone as a result of the injury. This includes surgery, medications, rehabilitation, and assistive medical devices.
  • Future medical expenses. If your injury is likely to require additional treatment in the future, your settlement should account for this anticipated cost.
  • Lost income. A settlement should cover any lost time from work resulting from the accident. If your injury has resulted in a loss of future income, you may need to provide estimates of the loss to get payment.
  • Disability. Permanent injuries are much harder to qualify than injuries that have fully healed. Disability costs can range from lost future income to pain and suffering and lost enjoyment of life—all factors that are difficult to assign a dollar value.
  • Other damages. Any other losses or out-of-pocket costs resulting from your construction accident injury should be itemized and totaled so that the insurer can include them in the settlement.

If you have been injured in a construction accident, you don’t have to make this important decision alone. Our experienced construction injury attorneys can help you decide whether or not to accept a settlement, and we do not charge for our services until after we secure payment for you. We encourage you to contact us directly at 1-800-362-9329 and to read a FREE copy of our pamphlet, Hurt in a Construction Accident? You’re Not Alone.

 

Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.