Ask a Construction Accident Lawyer: How Long Does It Take to Get a Settlement?
The length of time it will take to settle a construction
accident will depend on several factors. For example, if your employer has
worker's compensation insurance and your employer cooperates with your worker's
compensation insurance claim, you may be able to settle for your injuries in a
matter of weeks or months.
Will the Statute of Limitations Affect Your Settlement?
Many people worry about whether the length of time it takes
to reach a settlement will affect the statute of limitations on a personal
injury lawsuit, which is two years in Texas. However, so long as you file a
lawsuit before the statute of limitations is up, you will still be eligible to
receive a settlement.
Can a Houston Construction Accident Lawyer Predict Your Settlement?
Although a Houston construction accident lawyer will know
the legal precedence and potential settlement outcomes of your case, it's
difficult to predict how much your settlement will be worth. This is because
many factors go into calculating your settlement, including the severity of your
injury, whether you can work in the future, how long it takes you to recover
from an injury, and so much more.
What Can Influence Your Settlement Amount?
Several factors can influence the amount of your settlement.
For example, the biggest influence on your settlement amount will be the
severity of your injury. If you experience temporary or permanent disability
because of a construction work accident, you will usually be entitled to a
larger settlement because of your injury. Loss of limb, traumatic brain injury,
and other severe injuries also result in larger settlements. Other factors
include:
Contingency Fee
Most personal injury lawyers work on a contingency fee
basis. This means your lawyer will subtract a small percentage of your
settlement amount to pay for legal services that were provided during
settlement negotiations or court proceedings. Most contingency fees for lawyers
are between 10% and 30% based on the lawyer's skill, the case's complexity, and
how long the litigation took.
Emotional Damage
Some people may also be able to sue for emotional or
psychological damage due to personal injuries. For example, if a severe
physical injury resulted in significant psychological distress because of
disability, loss of limb, memory problems, cognitive deficits, or changes in
interpersonal relationships, these can all be factors included for emotional
damage.
Do Personal Injury Lawsuits Always End in Settlements?
When you file a personal injury lawsuit against your
employer, this is usually because your employer did not acknowledge your
workers' compensation insurance claim. Most personal injury lawsuits will be
settled outside of court for a substantial amount of money that will allow
injured workers to pay for medical debt or even compensate for their inability
to work in the future.
Will You Ever Need to Go to Trial?
Although most personal injury lawsuits will end in a
settlement outside of court, there is a small percentage of lawsuits that will
need to be tried in front of a judge or jury. On average, about 5% of personal
injury settlements are settled in court and settled through negotiations
outside of court. Generally, you only need to go to trial if your employer
refuses to negotiate with you about your personal injury claim.
What Workplace Injuries Are Common for Construction Workers?
Several injuries are common to construction workers.
According to OSHA, slips, falls, and being struck by moving objects are among
the most common injuries experienced by construction workers in the workplace.
Usually, your employer can be held liable for these injuries if there is
evidence that your employer neglected OSHA safety standards, such as failing to
provide employees with protective equipment.
If you were injured in a workplace accident as a construction
worker, you will need to work with a lawyer specializing in personal injury law
for workplace accidents. Your lawyer will be able to help you negotiate a fair
settlement to compensate for your injuries, medical bills, and emotional or
psychological damages. It can take anywhere from months or years to secure a
settlement for your personal injury lawsuit.
