There is no way to know how long it could take to settle your construction accident case or recover fair compensation through a civil trial. However, injured workers have options for pursuing a fair settlement and other compensation. An accident lawyer can help. Construction accidents often result in extensive physical and financial damage to the lives of victims and their families.
While construction sites can be dangerous, it is important to remember that many state and federal laws are in place that serve to protect construction workers from injury. You may be entitled to significant compensation when you are involved in a construction accident. The best way to determine what you are entitled to is with the help of experienced construction accident attorneys.
The Bureau of Labor Statistics’ 2021 Census of Fatal Occupational Injuries lists the construction industry as having the highest work-related fatality rate in the United States. In 2021, the most recent reporting year, almost 1,000 worker deaths occurred in the industry. This makes it even more important to understand the rights of accident victims in these cases.
What Factors Affect How Long a Construction Accident Case Takes?
Numerous factors affect how long it takes to pursue and secure a settlement check or construction accident lawsuit payout. Compensation claims take time to develop when there are time limits that apply for suing the liable party. Some factors that could affect hold long it will take to close your construction accident case include:
- The severity of your injuries and how long it takes to recover or understand your prognosis
- How settlement negotiations go with the insurance company
- How long it takes to complete the investigation or discovery process
- The necessary legal process to recover compensation
- The applicable statute of limitations if you need to file a personal injury lawsuit
From your initial legal consultation through the investigation and filing of injury claims, it takes time to build a construction accident case against the liable party. There is no way to predict how long it might be before you receive a settlement check or another payout in your case. However, you can trust that our personal injury attorney is fighting for your best interests throughout the process.
What Should I Do After a Construction Accident Injury?
Remembering the following steps can help you get the benefits you deserve after a construction site injury.
- Report your injury to your employer in writing and keep a copy for your own records.
- Seek medical care immediately and ensure the doctor knows to include all possible symptoms and injuries in your medical records.
- Complete a claim form with the insurance carrier. If you do not complete a claim form, your employer has no obligation to provide benefits.
- File the accident claim ASAP.
- Gather contact information from anyone who witnessed the accident in case you need to build a case against the at-fault party.
- Collect evidence, such as photos of the accident scene and your injuries. If possible, you should also keep the tool or item that injured you.
- Contact a construction accident attorney right away to protect your rights.
Also, record details about any additional damages, such as time missed at work. It is important to make your entries on an ongoing basis. A summary at the end of each month will not be as helpful to us. This should include:
- Lost work time and wages
- Other expenses resulting from your injuries, i.e., transportation, home care, etc
- Pain and suffering
- Your physical limitations; maybe a small notebook of your day-to-day changes
Be sure to do what your doctor tells you. There is never a reason or excuse to miss a doctor’s appointment. By missing a doctor’s appointment, you are telling the doctor and the insurance company that you don’t hurt and that your injury doesn’t matter much. Our job is to make a recovery for you for the pain and suffering that can be proven. It is very important for you to work hard to get well and to go to all your appointments.
It is impossible for us to tell immediately how much money, if any, you could recover in connection with your case. Each case is unique and different. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, as well as the nature, extent, and duration of your injuries, along with an assessment of liability.
As your attorneys, we feel it is our primary duty to obtain an amount of money that will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of money. We will advise you of our evaluation in this regard. In general, most states allow recovery of damages for the following elements of damage:
- The nature and extent of injury, including whether the injury is permanent, and the amount of disability
- Medical expenses, both past and reasonably certain to be incurred in the future
- Mileage to and from the doctor or hospital
- Income loss, past and future, and loss of capacity to earn a living
- Pain and suffering
- Loss of consortium for your spouse, past and future
We cannot begin processing your claim until we have received all of the doctor’s reports stating exactly your medical condition and your long-term prognosis. In other words, until you have reached “maximum medical improvements.” If we try to settle your case before your medical condition is stabilized, you may lose money that you might be entitled to for a condition that did not show up until after your case was settled.
It is important to know that your case will not settle until we determine the damages and all investigations to determine who is liable are complete. It generally takes several months to gather the necessary information. If a trial becomes necessary, it can take several years to complete a case. One of the most difficult requests we make of you is to have patience. We will work as hard and fast as possible to settle your case quickly
Speak to Our Team About Your Legal Options for Free
At Domingo Garcia, our personal injury lawyers know how to prepare and file personal injury claims, help you get compensation for on-the-job injuries, and hold property owners or other liable parties responsible through accident settlements. We offer free case reviews, so victims learn more about their options for compensation and how our team handles these cases.
Contact us for your free initial case consultation today.