What Damages Are Recoverable in Construction Accident Lawsuits?

Being involved in a construction accident can have life-changing consequences. You may not only have a serious medical condition that takes months to heal, but you’ll also have medical bills and lost income to worry about. On top of that, your injury may have lasting effects, and you may not be able to earn the same amount you once did before your accident. 

Luckily, most construction accident injury victims have legal recourse. They can file workers’ compensation for all injuries. Additionally, contractors, sub-contractors, employees, property owners, and sometimes even product manufacturers can be held liable. Consulting with an experienced construction injury attorney can help you figure out how you can recover medically and financially in the long run. 

The Weinstein Law Group is dedicated to supporting the victims of construction accidents. For 30 years, we’ve been working for the injured and fighting against the injustice of unprosecuted negligence. You deserve to recover from your injuries and receive compensation for all related financial losses, plus personal suffering. 

Give us a call at (212) 741-3800 or contact us online, and we can get started on recovering the damages from your construction injury as soon as possible.

Types of Damages in a New York Construction Accident Case

When an accident occurs, an injured person needs to prove that there were damages. Compensatory damages are intended to relieve the injured of their loss. This usually means a financial loss, but other damages are also recoverable depending on the details in your case. The list below explains some of the types of damages recoverable after a New York construction accident.

Medical Bills

One of the most common damages is medical bills. Hospital stays, ambulance rides, surgeries, follow-up appointments, therapy, and every other healthcare expense add up extremely quickly and can leave the victim of an injury feeling like they’ll be drowning in medical debt for life. 

Fortunately, these expenses also tend to be very well-documented. Seeking compensation from a negligent party for such damages can be one of the more straightforward parts of a personal injury case.

Lost Wages

The wages you’ve lost due to missed work after an injury can also be recovered from a negligent party. This includes any sick or vacation days as well as future lost wages. If a doctor has determined it will take many months before you’re able to return to work, you should work with a qualified attorney to hold the responsible party liable for all missed work income, now and in the future.

Pain and Suffering

Non-financial damages, referred to as “general damages,” can be fought for and converted into a monetary value. This can include compensation for temporary or chronic pain, mental anguish from the trauma of the accident, ongoing emotional or mental issues, or other forms of pain and suffering. 

You will need to document any extensive claims for mental anguish or other general damages with a psychiatric or medical professional. In most situations, the effects are technically subjective and not easily confirmed.

You may also be eligible for additional compensation beyond your financial losses if you have permanent side effects from your injury, such as impaired functioning, disfigurement, an amputation, or a disability. While the loss of a limb or permanent bodily damage can’t be fixed with a cash settlement, compensation may help you cope while recovering.

Loss of Consortium

If you’re the spouse or a close family member of the injured, you may be able to seek legal restitution against a negligent party if your relationship with the victim has been harmed because of the accident. This usually refers to an inability to have children or sexual relations, but it can also relate to the loss of an ability to enjoy family activities, companionship, or the act of children growing up alongside a parent without acquired health issues.

Wrongful Death from a New York Construction Accident

Construction sites have a tragic history of accidental death. Electrocution, falls, dangerous defective equipment, fires, dangerous chemicals, or other site hazards are common, even with today’s heightened safety standards. 

If a worker dies on a construction site, the surviving spouse may be eligible to recover up to 66.67% of the deceased’s average weekly wage based on New York Workers’ Compensation Laws.

Unfortunately, this may not always adequately cover the emotional and financial harm the unexpected death of a spouse or other loved one can bring. With the help of a New York construction accident lawyer, you may be able to prove the following four facts, thus enabling you to sue for wrongful death:

1. The death occurred at the construction site
2. A responsible party’s recklessness or negligence lead to the accident
3. The victim could have sued if they survived
4. The surviving family experienced damages

In some cases, particularly when a death has occurred, it may be possible to seek punitive damages. Generally, punitive damages are reserved for cases where the negligent party has been found to have egregiously disregarded the victim’s health and safety. 

Since punitive damages are intended to put a stop to ongoing negligent behavior, they are typically saved for defendants who are repeat offenders, those who have a history of unethical or illegal behavior, or those whose acts were willful or particularly heinous. There also usually needs to be ample evidence that the negligent party was willful and deliberate regarding their role in the accident.

Start Recovering from Your Construction Accident Injuries Now

If you’ve been injured in a New York construction accident, see a doctor right away. Once you’ve got a full diagnosis and treatment plan, reaching out to a local New York construction accident attorney can help you understand your options. 

The Weinstein Law Group has been helping the victims of unsafe construction site conditions in New York for decades. We can help you improve the chances you wind up with the compensation you need to fully recover from your injuries. Call us at (212) 741-3800 and we can get started on a free, no-risk consultation to determine the best course of action for your case.