An independent construction worker hired by a sub-contractor for the general contractor was injured on an unsafe construction site due to faulty equipment. A situation that could easily have been prevented if the general or sub-contractor simply would’ve installed the required safety netting.
As in all injury cases, there are two issues that must be proven, liability and damages.
Step 1: Proving Liability.
In Massachusetts, there’s a decades-old statute that holds contractors responsible for specific construction zone safety regulations. Digging deep to find this statute ensured that Attorney Snow could prove liability, that the general contractor had faulty equipment.
Step 2: Proving damages.
Snow hired three experts to capitalize on damages – in this case, lost wages:
- An accountant to file the last 5 years tax returns that demonstrated lost income
- A vocational expert to identify how much he could have earned over the course of his working life
- An expert to identify residual capacity (i.e. He can’t use his right arm to lift more than 10lbs. What jobs would be available to him with those restrictions, at his age and education and what he can earn. This is how much money he’ll lose over the course of his lifetime)
Strategy: Identify the weaknesses in the case and fill all gaps.
Uniquely, the law firm of Aiken and Aiken, PC has experience representing insurance companies and because of this they knew what the insurance company was going to look at when they valued the case. Diligent preparation and savvy legal technique navigated their client’s case to achieve this extraordinary six-figure outcome (and what would typically be unexpected in such a case by a non-litigator).