To file a construction accident lawsuit in New York, you must:
- Prove that one or multiple liable parties either caused your injury and/or have legal and financial responsibility for your injury and owe you compensation
- Complete the paperwork to submit your case
- Comply with the lawsuit-filing deadlines outlined in New York’s statute of limitations
While it’s possible to complete these tasks on your own, many accident victims find it beneficial to hire a New York construction accident lawyer. With an attorney on your side, you’ll have someone advocating for your legal rights and ensuring you don’t accept an inappropriate settlement offer. Plus, you’ll have the time you need to recover from your injuries.
- You Must Establish Negligence to Sue Someone for Your Construction Accident Injuries
- Using Evidence to Support Your Construction Accident Lawsuit
- Filing Your Personal Injury Lawsuit on Time in New York
- Types of Damages Accident Victims Are Entitled to When They File a Construction Accident Lawsuit
- Hiring a Law Firm to Handle Your Construction Accident Lawsuit in New York
- Contact Friedman & Simon, L.L.P. to Start Seeking Financial Compensation
You Must Establish Negligence to Sue Someone for Your Construction Accident Injuries
You and your legal team must prove that another party caused your injuries or that another party had legal and financial liability for the happening of your accident in order for you to successfully take legal action against them. Your construction accident attorney will establish the following factors of negligence:
- The liable party owed you a duty of care
- They did not maintain their duty of care, instead displaying negligence
- Their negligence was the proximate cause of your accident and the injuries you suffered
- You suffered damages such as medical expenses and pain and suffering
Depending upon the unique circumstances of your accident, your construction accident attorney will also work to show that under applicable construction worker protective statutes, another party or other parties are liable for your injuries even if there was no negligence on their part.
Depending on how your construction accident happened, any of the following negligent parties could be held liable for compensating you:
- Property owners
- A construction company
- General contractors or subcontractors
- Equipment or machinery manufacturers
- Construction site safety managers
If you were hurt while working on a construction site, you are likely eligible to submit a workers’ compensation claim. While a claim or lawsuit against your boss for your construction injuries in New York may be barred under the Workers Compensation law our personal injury attorneys will gather evidence and work to prove that your injuries were caused by a liable third party.
For a free legal consultation, call 516-932-0400
Using Evidence to Support Your Construction Accident Lawsuit
Collecting evidence is part of building your personal injury lawsuit. Your construction site accident lawyer will work to collect proof of the incident and your injuries.
Types of evidence that will support your case include:
- Photos and videos from the accident scene
- Pictures of your injuries
- Statements from bystanders who witnessed the accident
- Expert witness testimony
- Your medical records
- Any accident-related bills you’ve incurred
If you collected any evidence, bring it to the law firm you hire. They will use it to strengthen your lawsuit and establish fault.
Filing Your Personal Injury Lawsuit on Time in New York
You have a limited amount of time to submit a lawsuit in New York. Per New York Civil Practice Laws & Rules § 214, you generally have three years after your construction accident to file a personal injury lawsuit.
If your loved one passed away from their construction accident injuries we extend to you our heartfelt condolences. If that is what has brought you to our website, it is important for you to know that you have two years from the date of your loved one’s passing to submit a wrongful death lawsuit, according to Estates, Powers & Trusts § 5-4.1.
Because you must adhere to New York’s statute of limitations, it’s crucial that you get started on your claim right away. Getting a head start on your case also gives your legal team more time to gather evidence that might be time-sensitive.
For instance, witnesses might forget what happened, and surveillance footage will be lost if we wait too long to get started. Plus, once the statute of limitations expires, you won’t have a legal route for holding the responsible parties accountable.
Types of Damages Accident Victims Are Entitled to When They File a Construction Accident Lawsuit
The types of damages you’re entitled to depend on the details of your case, as does the amount of financial compensation you’re eligible to secure. Generally, some of the common types of damages construction accident victims pursue include:
- Medical bills, including the cost of doctor’s visits, emergency transport, medical devices, and medications
- Lost income, if your injuries prevent you from working
- Reduced earning capacity if your injuries force you to work a lower-paying job
- Physical pain and suffering
- Mental anguish, if you are now dealing with accident-related mental health issues
- Property damage, if any of your belongings were damaged or destroyed in the accident
If you believe any of these damages apply to your case, our firm will collect evidence that supports your need for compensation.
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Hiring a Law Firm to Handle Your Construction Accident Lawsuit in New York
Working with a personal injury lawyer makes recovering a settlement less stressful. Instead of worrying about paying for your medical bills and other damages, your lawyer will seek the compensation you need to cover these costs.
Other benefits of allowing a lawyer to manage your lawsuit include:
- They will determine all the liable parties in your case, so you do not need to do any investigating yourself
- They’ll keep your case on track and ensure you’re informed of all lawsuit-filing deadlines
- They will figure out the cause of your accident, whether it was from defective equipment, unsafe conditions, inadequate training, or improper safety standards on the site
- They will file all the necessary paperwork associated with your lawsuit
- They’ll negotiate for an appropriate settlement that covers your current and future losses
- They will speak to all parties involved in your lawsuit
- They will advocate for your best interests, answer all your questions, and provide legal advice
Our construction accident lawyers will not back down when we fight for your compensation. Construction industry workers deserve justice for their injuries and losses.
Contact Friedman & Simon, L.L.P. to Start Seeking Financial Compensation
The aftermath of a construction accident is often overwhelming. You don’t have to make a complicated situation even more complex by filing your lawsuit alone. Instead, bring your construction accident case to the legal team at Friedman & Simon, L.L.P.
We provide all prospective clients with a free initial consultation. We will discuss the details of your case and provide more information on how to file a construction accident lawsuit in New York. Call us today.