However, if your general contractor, project owner, project manager, or property owner did not violate the “Scaffold Law”, your case will be handled under a comparative negligence system. You may be found 30% liable for your injury whereas the property owner of the construction site is found 70% liable. Determining liability is the first phase of your case.
DAMAGES IN A CONSTRUCTION ACCIDENT CASE
Your damages must then be assessed. Your personal injury attorney will employee expert witnesses such as a vocational expert who can gauge your future lost wages if you are unable to perform your work duties, a medical expert who can attest to the severity of your injuries, and a life care planner who can discuss how your injuries will affect your future (if you are in need of home assistance, long-term rehabilitative services, etc.). You’re entitled to compensation for emergency medical treatment, lost income during your recovery, current/future medical expenses, current/future loss of income, pain and suffering, physical therapy, modifications to your home to accommodate a permanent disability, and long-term nursing care for a permanent disability.
The damages you receive for your losses will be proportionate to the liability of the defendant(s). For example, if your damages are found to be $1 Million in total, and the defendant is found 70% liable, they will responsible for paying $700,000 to compensate for your damages. It’s important to note that more than one party may be held liable for your damages.