Calculating Damages in a Denton Construction Accident Case - Best Attorneys in Texas
If you sustained injuries while traveling through or near a construction site, you can sue the liable parties for your damages. Construction companies are responsible for maintaining a safe travel corridor for drivers and pedestrians, or else they should install barricades to prevent entry. Hiring a lawyer in Denton, TX ensures that you keep your rights to compensation when you file a personal injury claim against the liable party.
Denton TX personal injury lawyers at Carabin Shaw are ready to see you for a free case review, so you can consider your legal options. Our team has decades of experience, and we’ll provide quality guidance about how to seek compensation for your losses. Read our client reviews to discover how we’ve helped our clients over the years. Then, call our toll-free number at 800-862-1260. We have English- AND Spanish-speaking staff available 24/7 and offer our services on a contingency-fee basis.
Damages in Construction Accident CasesYou must understand compensable damages to calculate the value of your personal injury claim. The court considers both economic and non-economic damages in its judgment, which includes:
- Monetary losses: Medical expenses, repair bills, travel costs, and loss of income
- Pain and suffering: Emotional anguish, relationship loss, disfigurement, disability
- Punitive damages: In cases of gross negligence
Monetary losses are quantifiable except for future losses, which your lawyer must estimate. However, it is difficult to assign a dollar amount to pain and suffering, and there are multiple methods a legal professional will use to calculate damages.
Formulas Used to Calculate DamagesEach person will experience different levels of personal injury in a construction zone accident in Denton Texas. However, there are a few accepted methods for calculating non-economic damages that can apply depending on the accident. These methods include:
- Using a multiplier: The multiplier method is when you multiply your economic damages to generate the value of your noneconomic damages.
- The per diem method: If an attorney uses the per diem method for calculating damages, each day of suffering from the injuries of the accident adds to the value of the damages.
- Legal maximums: In cases where the noneconomic losses are large, you may ask for the maximum amount allowable by state law. In construction accident cases, there are generally no legal limits for pain and suffering unless the defendant is a government entity.
- Insurance policy maximums: Finally, you may choose to only sue for the policy’s maximum liability limits when the defendant is an insurance company.
Economic damages are easy to prove with receipts for medical and repair bills. However, noneconomic damages also require proof. Denton construction accident attorneys will help you gather evidence to support your claim, such as personal testimony, expert testimony, and photos of injuries, to show the extent of your pain and suffering.
When to Accept a Settlement OfferMost personal injury lawsuits do not go to trial, as the two parties can agree to settle outside of court through mediation. A fair settlement allows both parties to quickly resolve their claim with minimal legal costs. However, a plaintiff does not have to accept an initial settlement offer. This should only happen once the settlement offered is fair and covers all monetary costs.
Each case will differ, and some cases do end up in the courtroom. However, the best attorneys in Texas for construction accidents will try to negotiate before taking the defendant to court. The benefits of a settlement apply to both the plaintiff and defendant in legal expedition and stress reduction.
Maximize Your Construction Accident Compensation With Carabin Shaw - Call Today for a Free Case Review!Whether you accept a settlement or go to court, the most important part of calculating damages is that you understand the value of your damages, so you can ask for an adequate amount and negotiate a sufficient settlement. The lawyers at Carabin Shaw will help you to maximize your construction accident compensation, so you suffer no long-term financial losses because somebody else failed to maintain a safe construction zone.
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