Although it may not be the answer you want to hear, it is challenging to state the average construction accident settlement amount with any reasonable degree of certainty. The reason it is difficult to quote an average is relatively simple: every accident is unique. In other words, the average payout for construction accidents varies widely depending on the facts and circumstances of the case. If you or someone you love were recently the victims of a construction accident in Indiana, you should seek legal advice as soon as possible. Only an attorney familiar with personal injury law can look at the facts of your case and determine an appropriate and fair settlement amount. If you are interested in getting an estimate for the value of your case, contact Gerling Law Injury Attorneys today.
Construction Site Hazards
It is no surprise that the construction industry is full of hazards. Construction sites pose significant dangers because they often involve heavy machinery, tall heights, power tools, toxic chemicals, loud noises, and more. In fact, there were close to 5,000 worker fatalities in 2020. Transportation, construction, and extraction workers accounted for nearly half of all fatal occupational injuries nationwide.
Common Types of Construction Accidents
Construction accidents are an everyday occurrence. Some are as simple as tripping over a wire, while others are much more complicated. Some common examples of construction accidents include the following:
- Power tool accidents,
- Machinery malfunctions,
- Scaffolding collapses,
- Falling objects,
- Falls from ladders,
- Electrocutions, and
- Crush accidents.
No matter the type of construction accident, Gerling Law is here to help you get the compensation you need and deserve.
Four Common Reasons for Construction Site Accidents
There are multiple reasons for construction site accidents, many of which may stem from employer negligence.
OSHA & IOSHA Violations
The Occupational Safety and Health Administration (OSHA) has implemented regulations on both the federal and state levels that employers must follow in the construction industry. OSHA and IOSHA adopted these safety standards to protect employees on construction sites. OSHA rules can range from hardhat requirements, methods of storing toxic materials, scaffolding safety, and more. If an employer violates these guidelines, they could receive an OSHA violation and open themselves up to liability.
Failure to Supply Proper Safety Equipment
Construction sites are inherently dangerous and require various safety protocols, including safety equipment, eye protection, hard hats, safety harnesses, and ensuring that machinery is maintained adequately.
Failure to Provide Adequate Training
Employers are also responsible for training employees adequately. Proper training ensures that construction site employees, supervisors, employers, and people passing by the site are safe. Adequate training in any industry is crucial. But this is especially true in the construction industry, which routinely involves heavy equipment and machinery, sharp objects, hazardous conditions, and potentially toxic chemicals.
Third-Party Liability
The party responsible for causing the construction accident may not be your employer. Third parties like outside contractors, manufacturers, vendors, or property owners might bear responsibility, depending on the circumstances of your accident.
How to Prove Employer Negligence in Construction Accident Cases
As with any negligence case, to prove negligence, you must prove duty, breach, causation, and damages as a plaintiff. In other words, to be successful, a plaintiff must prove the defendant owed them a duty of care, the defendant breached that duty with their actions, and that breach caused the plaintiff injuries and damages. Our construction accident lawyers can help you better assess the strength of your claim. They know what evidence is needed to prove these elements of negligence, and they know how to present the strongest case possible on your behalf.
Construction Accident Settlement
A settlement for construction accidents typically involves compensation for the following:
- Medical expenses, including emergency room bills, doctor visits, surgeries, physical therapy, and pharmaceuticals;
- Lost wages, including past, present, and future wages;
- Disfigurement and scarring; and
- Pain and suffering.
Sometimes, a construction accident victim could be entitled to punitive damages. Punitive damages are reserved as a form of punishment for a defendant’s egregious misconduct. Courts rarely award punitive damages, but your attorney will assess your case and discuss whether you might be eligible to receive such an award.
Factors Considered in a Construction Accident Payout
While every construction accident is different, several factors are generally considered in determining a construction accident payout or settlement.
The universal factors include the following:
- How the accident occurred,
- The severity of the plaintiff’s injuries,
- Whether or not you can fully recover or will have permanent physical limitations,
- Medical treatment received,
- Medical treatment needed in the future,
- Loss of income, and
- Loss of quality of life.
The specific details of each of these factors will influence any potential compensation. For instance, if a plaintiff only suffers minor scrapes and bruises and is expected to make a full recovery, their settlement is likely to be much lower than a plaintiff that suffers broken bones requiring extensive medical treatment and permanent scarring. The best way to determine your possible damages is to speak with an experienced Indiana construction accident attorney.
Should You Hire a Construction Accident Attorney?
Construction accident lawsuits can be particularly complex and challenging, and they often involve multiple parties. Investigating and litigating construction accident claims can include combing through volumes of discovery, including eyewitness statements, expert reports and testimony, police reports, medical records, video surveillance, and more. Getting a fair award or settlement involves the following:
- Knowing the law,
- Knowing what to say and not say to insurance adjusters, and
- Knowing how to leverage the facts strategically both in the negotiating room and in court.
Even knowing when to settle and when to take a case to trial requires the knowledge of an experienced lawyer. So don’t hesitate. Contact Gerling Law to set up an initial consultation. We are happy to meet with you to assess your case and discuss the best course of action.
Contact Gerling Law
It takes a knowledgeable and seasoned attorney to properly assess and negotiate a fair and impactful construction accident settlement. With five decades of experience, we have negotiated highly favorable settlements on behalf of our clients and have seen many cases through to a successful jury verdict. Contact us to schedule a no-cost, no-obligation consultation. Remember, we do not get paid unless you do. Call us today!
Gayle Gerling Pettinga
Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.
Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.
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