If we define “need” as, “is there a legal requirement to hire a lawyer,” for this type of case, the answer is no, you do not “need” a lawyer to file a lawsuit for a construction site injury in New York. If we define “need” as taking the steps necessary to create conditions most favorable to the best possible outcome, you may decide, the answer is that you do need to hire a lawyer to represent you. Depending on your case, if you do decide to file a lawsuit on your own, in order to pursue the best possible outcome, you will need to:
- Coordinate all of the logistics in your case
- Gather evidence to support your claims
- Handle legal paperwork and deadlines
- Communicate with all involved parties, which may include the lawyer for the defendant and a judge
When you hire a lawyer to represent you, they will handle these tasks, and more, on your behalf. This can give you time and space from the legal proceedings to focus on your physical and emotional recovery. A lawyer can also bring their knowledge of New York personal injury law to bear on your case, evaluate your damages, and gather evidence of their value to present in settlement negotiations or at trial.
In This Article
- The Cost of Working With a Lawyer on Your Case
- Damages in a Construction Site Injury Case
- Comparative Negligence in New York
- New York Construction Accident Lawyers Fighting for Your Rights
The Cost of Working With a Lawyer on Your Case
Due to circumstances many people find themselves in after a construction accident, most accident victims cannot tolerate the additional stress and hardship of paying legal fees out of pocket. Fortunately, establishing a contingency fee agreement between lawyers and victims is how construction site accident injury claims are handled.
As opposed to charging you money before your case even gets underway, these arrangements involve attorneys accepting a percentage of your settlement or court award for their services. There is no need to worry—these fee agreements will be well established and agreed upon between both parties at the start of the relationship, well before any compensation is awarded, so there cannot be any unwelcome surprises when it comes to fees. Even more comforting, if you ultimately lose your case, you do not owe your lawyer any attorney fees whatsoever. A further benefit is that these agreements incentivize many attorneys to perform at their best. Meaning, the attorney knows that the greater the outcome for the client, the greater the legal fee. Ultimately, what this should result in is an outcome where the attorney recovers substantially more for the client than the client could have achieved without a lawyer, even accounting for the attorney’s fee.
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Damages in a Construction Site Injury Case
If the responsible party’s negligence can be proven in your case, you may be able to recover damages such as:
- Costs of medical treatment, including emergency room treatment, medication, surgeries, and therapy
- The estimated future costs of your medical care
- Lost wages for the time you could not work during recovery
- Reduced earning capability, if the accident permanently alters your ability to work
- Pain and suffering
- Other non-economic damages
Comparative Negligence in New York
New York’s contributory negligence laws allow victims to recover compensation for their injuries, even if they are partially responsible for the accident. As detailed in New York Civil Practice Laws & Rules (CPLR) §1411, displaying a certain degree of culpability in your accident does not entirely prevent you from recovering damages. The main caveat is that your damages will be reduced by the amount of liability you displayed.
Based on the information presented before the judge, your liable behaviors will be converted into a percentage. This percentage will then be removed from your final settlement. The term, “comparative,” is commonly used because the relative negligence of the parties in the case is compared, and the final result is derived from that comparison.
For example, if you are awarded $100,000 for your accident, but you were determined to be 20% at fault, your settlement will be reduced by $20,000.
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New York Construction Accident Lawyers Fighting for Your Rights
Every construction accident case brings a unique set of obstacles to overcome. Luckily, the lawyers at Friedman & Simon, L.L.P. are eager to take on exactly these types of challenging cases. If you qualify, we will take charge of your personal injury lawsuit from day one. In the tragic event that your loved one was fatally injured in a construction site accident caused by a negligent party, we extend our heartfelt condolences. Rest assured, we are ready and able to handle your wrongful death case, to win the monetary compensation you need and the justice that your departed loved one deserves.
Ultimately, our firm will serve your unique legal needs in numerous ways, including:
- Keeping you updated on your case
- Identifying liable parties
- Communicating with all parties for you
- Gathering evidence
- Determining a value for your case
We also have a network of expert witnesses to draw on for your defense, including medical experts, vocational rehabilitation specialists, life care planners, and economists. Independent experts play a crucial role, especially in wrongful death cases. As falls remain the leading cause of death in construction, expert witnesses can shed light on contributory factors leading to the accident.
As mentioned above, and it is sufficiently important to bear repeating, our firm works on a contingency-fee-basis with no advanced fees required. You will never have an out of pocket cost as we are paid only if and when we win money for you. From a financial perspective, you have nothing to lose and everything to gain by retaining our firm to represent you in your construction site injury claim.
If you are wondering whether or not you need a lawyer to file a lawsuit for a construction site injury, Friedman & Simon, L.L.P. invites you to call us today for a free consultation with a member of our team. To learn more about your case, our services, and how we will fight for your right to compensation, call us at (516) 932-0400 today. We also assist callers in Spanish, Greek, Bengali, Tamil, and Kannada.
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