Why Hiring a New York Construction Accident Attorney Is Essential for Your Case
Construction sites are inherently dangerous, and despite safety regulations, accidents still happen. Workers in New York’s bustling construction industry face significant risks daily, including falls, machinery malfunctions, and exposure to hazardous materials. When accidents occur, victims are often left with severe injuries that lead to costly medical bills, lost wages, and emotional distress. Having a skilled New York construction accident attorney by your side is critical to navigating the complex legal process and securing the compensation you deserve.
What Does a New York Construction Accident Attorney Do?
A construction accident attorney specializes in handling legal cases related to injuries sustained on construction sites. They are experienced in representing workers who have been hurt on the job, helping them pursue compensation for medical expenses, lost wages, and other damages. Here are some of the key responsibilities a New York construction accident attorney will undertake for you:
- Case Evaluation: Your attorney will review the details of your case to determine the best course of action, whether it’s filing a workers’ compensation claim or pursuing a third-party lawsuit.
- Gathering Evidence: They will gather all necessary evidence, including accident reports, witness statements, and any violations of safety standards that may have contributed to the accident.
- Negotiating Settlements: Your lawyer will negotiate with insurance companies to ensure you receive a fair settlement that covers all your medical expenses, lost wages, and pain and suffering.
- Filing Lawsuits: If a fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court, ensuring your rights are protected throughout the legal process.
What Percentage Does a Lawyer Get in a Settlement Case in New York?
In New York, personal injury lawyers typically work on a contingency fee basis. This means that the lawyer’s fee is a percentage of the settlement or court award, usually around 33% of the total amount. This fee arrangement allows injured workers to hire experienced attorneys without paying any upfront fees, as the lawyer only gets paid if they successfully secure compensation for their client.
What Is the Statute of Limitations on Construction Accidents in NY?
The statute of limitations refers to the time limit you have to file a lawsuit after a construction accident. In New York, the statute of limitations for personal injury cases, including construction accidents, is typically three years from the date of the accident. It’s essential to file your claim within this time frame, as failing to do so may result in losing your right to compensation. Consulting with a New York construction accident attorney as soon as possible will help ensure you meet all legal deadlines.
How Long After an Accident Can You Sue in New York?
If you are injured in a construction accident, you have up to three years from the date of the accident to file a personal injury lawsuit. However, if the accident results in the death of a loved one, the statute of limitations for filing a wrongful death claim is two years. It’s important to note that if your claim involves suing a government entity, you must file a Notice of Claim within 90 days of the accident. Speaking with a qualified New York construction accident attorney ensures that your lawsuit is filed within the necessary legal timeframes.
Can You Sue the City of New York for Negligence?
Yes, you can sue the City of New York for negligence if unsafe conditions at a city-owned construction site caused your injury. However, suing a government entity involves additional legal steps. You must file a Notice of Claim within 90 days of the accident, outlining the details of your injury and the negligent actions that contributed to the accident. Failing to meet this deadline can result in your claim being dismissed. A New York construction accident attorney will ensure all paperwork is filed correctly and on time, protecting your right to compensation.
Premises Liability and Construction Accidents
Premises liability laws hold property owners responsible for maintaining safe conditions on their premises. In construction accidents, if the property owner fails to meet safety regulations and an accident occurs as a result, they may be held liable for the injuries. For example, if a worker is injured due to unsafe scaffolding or hazardous conditions, the property owner could be sued for negligence. A skilled New York construction accident attorney can help you determine if premises liability applies to your case and hold the responsible parties accountable.
Filing for Workers’ Compensation vs. Third-Party Claims
After a construction accident, you may be eligible to file a workers’ compensation claim, which provides benefits such as medical coverage and wage replacement. Workers’ compensation claims are typically filed with your employer’s insurance company. However, in some cases, third-party claims can also be filed against contractors, equipment manufacturers, or property owners who may share responsibility for the accident.
A New York construction accident attorney will evaluate your case to determine whether you are entitled to additional compensation through a third-party claim. This can significantly increase the amount of compensation you receive, as workers’ compensation benefits may not cover the full extent of your losses.
How a New York Construction Accident Attorney Maximizes Your Compensation
A skilled attorney is critical to ensuring that you receive the full compensation you deserve after a construction accident. Here’s how a New York construction accident attorney can help maximize your settlement:
- Comprehensive Case Evaluation: Your attorney will assess the full scope of your injuries, including medical bills, future medical treatments, lost wages, and pain and suffering.
- Negotiation with Insurance Companies: Insurance companies often try to minimize payouts, but your lawyer will negotiate aggressively to ensure the settlement reflects the true extent of your damages.
- Pursuing Additional Compensation: In addition to workers’ compensation benefits, your attorney may pursue third-party claims against other liable parties to increase the total compensation you receive.
Case Results: Proven Success in Construction Accident Claims
When choosing a New York construction accident attorney, it’s important to look at their past case results to assess their ability to win cases and secure high settlements. Reputable attorneys will have a proven track record of success in securing favorable outcomes for their clients. Reviewing these results can help you understand how your attorney has handled cases similar to yours and whether they can achieve the compensation you deserve.
Conclusion: The Importance of Legal Representation After a Construction Accident
Construction accidents often result in severe injuries, and navigating the legal system to secure compensation can be challenging. A knowledgeable New York construction accident attorney will fight to protect your rights, negotiate with insurance companies, and ensure that all liable parties are held accountable. Whether you are pursuing workers’ compensation benefits, filing a third-party lawsuit, or seeking damages from the City of New York, having an experienced attorney by your side is essential.
If you’ve been injured in a construction accident, contact a New York construction accident attorney today for a free consultation. They will guide you through the legal process, helping you secure the compensation you need to recover and move forward with your life.
