How to Find the Best New York City Construction Accident Lawyer – Tipper

How to Find the Best New York City Construction Accident Lawyer

Construction accidents are unfortunately common in New York City’s fast-paced industry. In fact, according to the NY Committee for Occupational Safety and Health there were more than 12 construction-related deaths and more than 2,000 injuries in New York State in 2020 alone.

If you have been injured on a New York construction site, you need an experienced construction accident attorney to help you recover the compensation you deserve.

Choosing the right attorney can make all the difference in these complex cases involving contractors, property owners, insurance companies and more.

Finding the best New York City construction accident lawyer requires some research and consideration. Here is a step-by-step guide to help you find the right lawyer.

Understanding Construction Accident Claims in New York

New York has strict construction safety regulations and negligence laws designed to protect workers. Here are the key things to understand:

Types of Construction Accidents: Construction accidents in New York can involve a variety of scenarios, including falls from scaffolding or ladders, falling objects, machinery accidents, electrocutions, and more. Each type of accident may involve different legal considerations and avenues for obtaining compensation.

Liability: Determining liability in a construction accident often involves evaluating the actions or negligence of multiple parties, including property owners, contractors, subcontractors, equipment manufacturers, and others. Depending on the circumstances of the accident, one or more parties may be held liable for injuries sustained by the worker.

Workers Compensation Vs. Personal Injury Claims: In New York, injured construction workers are generally entitled to workers’ compensation benefits, regardless of fault. However, in cases involving serious injuries caused by the negligence of a third party (eg, a property owner or contractor), the worker may pursue a personal injury claim against the at-fault party.

Statute of Limitations: It is important to be aware of the statute of limitations for filing a construction accident claim in New York. Generally, injured parties have three years from the date of the accident to file a personal injury claim. However, there are exceptions and nuances depending on the particular circumstances, so it is advisable to consult a lawyer immediately.

Proving Fault and Liability in Your Case in New York

Proving fault and liability in a construction accident case usually involves the negligence or wrongful actions of another party leading to the accident and resulting injuries.In order to receive compensation after a construction accident, your attorney must prove:

  • Negligence caused accidents and injuries
  • Which parties share responsibility based on safety violations, failure to provide safety equipment, inadequate training or supervision, etc.

Your lawyer will work with experts to gather evidence such as:

  • Photographs and video of the accident site
  • Police report
  • Medical records detailing injuries
  • Statements of witnesses
  • Building codes, safety standards and regulations for industry
  • This can determine fault and liability in your case.
  • Identification of responsible parties
  • Documenting and gathering evidence

Finding the Right New York Construction Accident Law Firm

Finding the right New York construction accident law firm is essential for ensuring you receive the representation and support needed to pursue your case successfully. Here’s a guide to help you find the best law firm for your needs:

Begin by researching law firms in New York that specialize in construction accident cases. You can use online resources, legal directories, and referrals from trusted sources to compile a list of potential firms.

  • ✘ Focusing solely on a quick settlement
  • ✘ Struggling to prove complex liability aspects
  • ✘ Lacking resources to handle large insurance companies

The ideal attorney has:

  • ✔ 10+ years handling construction injury cases with proven results
  • ✔ In-depth knowledge of NY negligence laws and building codes ✔ Willingness to take your case to trial if a fair settlement isn’t offered
  • ✔ Review Experience and Expertise
  • ✔ Discuss Fee Structure

Some of the top construction accident firms in New York include:

Block O’Toole & Murphy : This firm has a strong reputation for representing construction workers injured in accidents throughout New York City. They have secured numerous multi-million dollar verdicts and settlements for their clients.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf : With decades of experience, this firm has a dedicated team of attorneys who specialize in construction accident litigation. They have a long history of obtaining significant compensation for injured construction workers.

Sullivan Papain Block McGrath Coffinas & Cannavo P.C : Known for their aggressive advocacy and successful track record, this firm has obtained substantial verdicts and settlements for construction accident victims in New York.

Hach & Rose, LLP : Specializing in personal injury cases, including construction accidents, this firm is committed to fighting for the rights of injured workers. They have achieved notable results for their clients, including many high-value settlements.

Settling Your New York Construction Accident Case

Settling a New York construction accident case involves negotiating an agreement with the opposing party (usually an insurance company representing the responsible party) to resolve the claim without going to trial. Here are the steps involved in settling your construction accident case:

Assessment of Damages : Before entering settlement negotiations, it’s essential to have a clear understanding of the damages you have suffered as a result of the construction accident. This includes medical expenses, lost wages, pain and suffering, future medical needs, and any other losses or damages you have incurred.

Evaluation of Liability : Assess the strength of your case and the liability of the opposing party. Consider the evidence, witness statements, and legal theories of liability to determine the likelihood of success if the case were to go to trial.

Demand Letter : Your attorney will prepare a demand letter outlining the details of your construction accident claim, including the extent of your injuries, the damages you are seeking, and the legal basis for holding the opposing party liable. The demand letter serves as a formal request for settlement.

Negotiation Process : Once the demand letter is sent, the negotiation process begins. The opposing party may respond with a counteroffer or request additional information or documentation to support your claim. Your attorney will engage in back-and-forth negotiations to reach a mutually acceptable settlement amount.

Mediation or Arbitration : If negotiations stall or if both parties agree to explore alternative dispute resolution methods, mediation or arbitration may be pursued. In mediation, a neutral third party facilitates negotiations between the parties to reach a settlement agreement. In arbitration, an arbitrator hears both sides of the case and issues a binding decision.

Settlements often reach millions of dollars for the most catastrophic construction injuries in NY. It’s critical to have an attorney fiercely protect your best interests when dealing with insurance companies.

Review Settlement Offer : If a settlement offer is proposed, your attorney will review the terms of the offer to ensure it adequately compensates you for your injuries and losses. Your attorney will advise you on whether to accept the offer, reject it, or negotiate for a higher amount.

Finalizing the Settlement : If you and the opposing party reach a settlement agreement, the terms of the settlement will be documented in a legally binding agreement. This agreement typically includes a release of liability, outlining that you agree not to pursue any further legal action against the responsible party in exchange for the settlement amount.

Distribution of Settlement Funds : Once the settlement agreement is finalized, the settlement funds will be disbursed. Your attorney will deduct any legal fees and expenses incurred during the case, and you will receive the remaining settlement amount.

Closure of the Case : With the settlement reached and funds distributed, your construction accident case is officially closed. You can move forward with your life knowing that your legal matter has been resolved.

Next Steps After Your Construction Site Accident

Experiencing a construction site accident can be overwhelming, but knowing the next steps to take can help protect your rights and ensure you receive the necessary medical care and legal support. Here are the recommended steps to take after a construction site accident:

Seek Medical Attention: Your health and safety are the top priorities. If you’ve been injured in a construction site accident, seek immediate medical attention, even if your injuries seem minor. Prompt medical treatment can prevent complications and provide documentation of your injuries for your legal case.

Document the Scene: If you’re physically able, gather evidence from the accident scene, such as taking photographs of the area where the accident occurred, any equipment involved, and your injuries. Collect contact information from any witnesses who saw the accident happen.

Preserve Evidence: Preserve any physical evidence related to the accident, such as damaged equipment, safety gear, or clothing. Do not tamper with or alter any evidence, as it may be crucial for your legal case.

Notify Your Union (if applicable): If you’re a member of a construction trade union, inform your union representative about the accident. They can provide support, guidance, and assistance throughout the process, including connecting you with legal representation if needed.

Consult with a Construction Accident Lawyer: It’s advisable to consult with an experienced construction accident lawyer as soon as possible after the accident. A lawyer can evaluate your case, explain your legal rights and options, and help you navigate the complexities of workers’ compensation claims, third-party liability claims, or other legal avenues for compensation.

Follow Medical Advice and Treatment: Attend all medical appointments and follow your healthcare provider’s instructions for treatment and rehabilitation. Keep detailed records of your medical treatment, including doctor’s notes, diagnostic tests, prescriptions, and therapy sessions.

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