Filing a lawsuit after a construction accident injury is the best way to recover all of your medical costs, lost wages, and other damages. But unfortunately, the timeline of your lawsuit can be difficult to predict.
Some lawsuits can take several years to fully resolve. And while many cases do result in a speedy settlement, it’s best for injured clients to set realistic expectations going into the litigation process. They have to be confident that the damages they seek are substantial, as there are limited options for recovering losses any other way. In other words, a lawsuit is always worth the wait. If you have been injured in a construction accident, you should contact an attorney to begin the process right away.
Many factors can affect the length of a construction site accident settlement case. You should discuss these factors with your construction accident lawyer in New York, allowing you to set expectations and strategize moving forward.
If you have questions about your case or want guidance from experienced construction accident lawyers in New York, schedule a consultation with The Weinstein Law Group at no charge or risk to you. Call (212) 741-3800 or contact us online to schedule your free appointment now.
Factors Affecting the Length of Your Construction Site Settlement Timeline
No two construction injury cases are exactly alike, but some common factors determine not just the likely outcome, but how long it will take to arrive at that outcome.
How Long Your Injuries Take to Heal
The number one factor in any case is understanding the client’s prognosis or likely health outcome.
When you are first hurt, it may be unclear just how long your injuries will take to heal – or if you will ever completely recover. For example, a doctor may be unsure if you’ll ever regain full use of an injured finger, if the injury will result in long-term chronic pain, or even if you’ll be able to keep the finger.
Injury victims must work closely with their healthcare provider to fully diagnose the injury, monitor its recovery, attend follow-up appointments, perform physical rehabilitation exercises, and track the injury’s progress.
Only once the outcome of an injury and its probable future treatment costs are known can the injured client and their attorney determine an appropriate estimate for past and future damages.
Predicted Value of Case Damages
No one can ever know for certain how much in damages they’ll be able to obtain through a construction site accident settlement until the papers are signed. However, most cases indicate an obvious spectrum of possible value ranges. For example, a case involving death or permanent paralysis will likely have a much higher value than one for a temporary injury that fully heals.
How does the estimated value of damages affect your case timeline? Put simply, the more damages your case is likely to involve, the harder defendants and their insurance companies will fight it. A case with a small value could be resolved in weeks, whereas one involving millions in estimated damages could involve years of court battles.
Recognize this relationship when working with your attorney to determine an appropriate legal strategy.
A Large Corporation Is Involved
Corporations tend to have more liability insurance coverage available for injured plaintiffs, but they also have a stronger motivation to avoid liability. They risk losing not just money, but also their reputation if the media covers the injury case.
Because of these risks, large corporations are more likely to fight injury claims any way they can. Organizations also have more patience than any single human being, making it possible that a company will argue for years about a technical detail that really only makes a few thousand dollars’ worth of difference to the case outcome.
Since most New York construction projects involve multi-million dollar bonded contracts, chances are good that any construction site accident settlement will involve a large corporation or LLC. This means construction injury victims should expect their case to take longer to resolve than the average injury claim.
Fault Is Complex or Unclear
Cases involving multiple parties are more complicated, and each party’s actions can completely disrupt the strategic intentions of another. However, injured individuals stand a higher chance of recovering the finances they need by pursuing damages from all possible at-fault parties. Therefore, construction injury lawsuits with multiple defendants are often seen as in the best interests of the injury victim.
If the injury victim or another third party is implicated in the cause of the injury, it poses another type of complication. The plaintiff will have to spend time countering allegations that they contributed fault to their injury, which often has the effect of reducing their award.
The Clarity of Available Evidence
The more clear and convincing the evidence is for proving fault and establishing your damages, the more likely the defendant is to feel pressure to quickly settle. On the other hand, cases that involve unclear evidence – or that otherwise give defendants the opportunity to split hairs – can be dragged out through various court motions.
Also, an unclear case can make it more difficult for a jury to arrive at a unanimous decision. This makes it even more important for your New York construction accident lawyer to dedicate time, resources, and personnel to build a strong case for you.
Learn More About Your Construction Site Injury Settlement From an Injury Lawyer in New York
Predicting the outcome of a case can be tough, but it will be even tougher for someone who lacks experience with courtroom litigation. Appointing an attorney to represent you helps you understand what choices are available and strategize accordingly.
Fight for your right to recover damages related to your injury, and work with proven New York construction accident lawyers. They can help reduce the risk that your case will be dragged out longer than necessary. Learn what The Weinstein Law Group can do for you during a free, no-risk case review when you call (212) 741-3800 or contact us online.
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Steven M. Weinstein