At Winkler Kurtz, LLP, we strive for more than just winning a case. Our clients are considered part of the family, and we treat each one with the utmost level of respect and dedication they deserve. When our clients come to us for help, they are facing some of the most challenging times in their lives. Our Suffolk County construction accident lawyers never underestimate the level of pain and suffering each situation can bring.
Our exceptional team provides quality services that are unique to each individual’s needs to ensure you are educated and supported throughout the entirety of the legal process.
Our attorneys at Winkler Kurtz, LLP are experts in handling cases in the areas of personal injury, family law, elder law, wills and trusts, and real estate. These cases cover some of the most emotionally draining and sensitive topics for individuals and families. We know the consequences of an injury or traumatic loss can have global implications on your life, and we take extreme pride in taking on the responsibility of helping you achieve the most favorable outcome possible.
Whether you’ve suffered a work injury, are planning for the loss of a loved one, or looking to buy or sell your home, our team possesses the necessary resources and knowledge to secure a favorable outcome for your case and exceed your expectations around every turn.
Meet Our Attorneys
At Winkler Kurtz, LLP we represent clients throughout Long Island who have been injured or killed as a result of the negligence of another party. Our firm exclusively represents victims of personal injury accidents and is dedicated to helping victims get the compensation they deserve for their injuries. For immediate assistance, please click here to contact our Suffolk County Construction Accident Lawyer.
What Are My Rights After a Work Injury?
After you have been injured at work, it can feel like there is no one on your side. If you believe your employer is to blame, you may be wondering what can be done. Here at Winkler Kurtz, LLP, we have the answer to this. Our Suffolk County Construction Accident Lawyers, will walk you through what can be done in your situation and what you may be entitled to as a result of your injury.
Common Workplace Injuries
Before diving into the logistics of your case, our team wants first to call out the most common workplace injuries. By providing this list, you’ll be able to see if you fall into one of these categories. And if you do, you likely have a case that can be won in court. Although this list does not cover all of the injuries a person can face, the most common ones include:
- Slips and falls.
- Muscle strains.
- Blunt force trauma for falling objects.
- Injuries from malfunctioning equipment.
When Can You Sue?
If you’re thinking about suing your employer with our Suffolk County Construction Accident Lawyers, there are some factors you need to understand. The largest of which involves proving that another party’s negligence is what directly led to your injury. Fortunately, our team of expert attorneys is well versed in this area. Below is what will need to be proven to show that negligence has taken place and that:
- An unsafe environment was created due to someone else’s negligence.
- A reasonable person would have acted differently to eliminate or call out an unsafe environment.
- The hazardous environment was the direct cause of the accident, and the accident was the direct cause of your injuries.
What Are You Entitled To?
Once we have determined that we can prove the previously mentioned negligence factors, our team will begin working on winning your damages. Our Suffolk County Construction Accident Lawyers, will do everything in their power to receive the most extensive possible package. Doing so will help keep you protected while you recover while also ensuring that proper justice is served. After being injured at the workplace, you are likely entitled to damages covering any or all of the below:
- Cost of the current medical expense.
- Cost of future medical expenses related to your injury.
- Loss of income.
- Loss of future earning capacity.
- Loss of property that is directly related to the injury.
- Pain and suffering.
Schedule A Consultation
After being injured at work, you shouldn’t wait to seek legal representation. By scheduling a consultation with us here at Winkler Kurtz, LLP, we can determine if there are legal grounds to stand on regarding a potential lawsuit. If you’re ready to move forward with this process so you can receive the damages you’re entitled to, please don’t hesitate to contact us today.
Lost Wages Vs. Earning Potential in Construction Accident Cases
When you suffer an injury following an accident due to the negligence of someone else, there are several ways you may suffer afterward. Not only can an injury affect your health, but it can also affect your ability to perform your job, either temporarily or permanently. You may need to take time off of work to heal. At Winkler Kurtz, LLP, we help our clients with their personal injury cases so they can reach the compensation they deserve and move forward on their path to healing. To learn more about the differences between loss of income and lost earning potential, continue reading below.
What is Lost Income?
When an injury has forced you to take time off work either temporarily or permanently, you can claim a loss of income. This amount can be calculated using your salary or wages and multiplying it by the amount of time you will be out of work. This amount can include actual lost wages and future lost wages, as well as any benefits of which you are entitled. To be reimbursed for your lost income, you will need to show the following:
- The time you spent out of work because of your accident, injury, and recovery.
- The amount of money you would have made during this time.
If you are unsure how to gather the evidence to support your claim, our team at Winkler Kurtz will always be available to help.
Loss of Earning Potential
Another element of a loss of income claim is the loss of earning potential. In this case, a victim can seek reimbursement for the amount of money they would have made in the future if they were not injured. A critical difference between lost income capacity and lost income is that it is prospective rather than retrospective. The damages a victim may be rewarded for lost earning potential are based on:
- How long a victim will be unable to work.
- Their age and health before the injury.
- If they will eventually be able to return to work.
- Their life expectancy before the injury.
- How their performance will be limited.
- Their career goals and work ethic.
While it is relatively easy to prove lost earnings, it is more challenging to demonstrate a loss of earning potential. Healthcare professionals may need to provide testimony to illustrate the extent of a victim’s injuries and how their ability to work will be affected in the future. Our team will work with you to examine all areas of your situation and help you build a case that enables you to achieve the compensation you deserve.
Contact Our Suffolk County Construction Accident Lawyer
Suffering an injury can be costly. If you are out of work due to an injury and are looking to recover damages, our team at Winkler Kurtz, LLP. is here to help. Our experienced personal injury attorneys will evaluate your case and help you take the necessary steps to yield your desired results. Contact our office today to schedule a consultation.