If you or a family member have suffered a coal mining injury or death, there are several factors that must be determined in coal mining injury cases and settlements amounts vary, as each coal mining case should be evaluated on an individual basis. A coal miner and his family deserve a complex interview with detailed questions and the Segal Law Firm has years of experience in handling these types of injury cases. Some factors that should be determined are:
- “Will you ever be able to return to work?” It is an unfortunate fact that many coal mining injuries can end the career of a miner and this means he and his family will no longer have wages, health benefits and retirement benefits that are included in a normal employment contract.
- “What is the age of the worker?” A miner who is in the 25 to 30 years old range could suffer a loss amounting to millions of dollars; however, because medical and retirement benefits would be substantially less for someone who is 55 years or older, the settlement amount might be considerably lower.
- “What medical and rehabilitation expenses were incurred as a result of an injury?” This could include home health and nursing care and all these expenses are part of the total number you need to attain for the miner who is injured.
How these Factors are Determined
The Segal Law Firm has a great deal of experience in these kinds of cases and we consult with economists, people who calculate how much money you might have earned and retirement benefits you would be eligible for if you were able to continue working throughout your entire career. We also consult with doctors who can tell us the amount of medical expenses you may have, any additional surgeries you may need and future rehabilitation care. That care may also include additional x-rays to ensure joints are not developing arthritis, or more complex electro-encephalograms, CAT scans or MRI’s. We also consult with doctors so that we know how much money an injured miner and his family will need to replace their income to assure that medical expenses are covered in the future.
Settlement amounts can range in the hundreds of thousands of dollars in the case of death and life-altering mining injuries, and can sometimes result in multiple millions of dollars if the loss is great enough to warrant it. Competent lawyers, who have experience with presenting coal mine injury cases to juries, would never want to estimate an average settlement amount. The Segal Law Firm will always make inquiries with a family to answer details concerning wages, medical benefits, retirement costs, and most importantly, how this injury has affected your ability to return to work. If an injury is simple, such as a sprained ankle, then a worker will most definitely be returning to work. By comparison, if there is a life lost such as what happened in the Upper Big Branch mine case which involved gross negligence as well as willful and criminal misconduct, settlements can be expected to run significantly larger.
If you have questions concerning a coal mining injury, click on the Contact Us tab or call 855-344-9100.