If you work in construction, you understand the potential dangers of the job. Heavy machinery and toxic substances pose high risks for construction workers. In fact, New York saw 58 construction accident fatalities in 2018. However, your employer is responsible for keeping you safe and taking action to prevent anyone from getting hurt. Therefore, if you have sustained injuries in a construction accident, you have the right to pursue legal action to recover damages.
At the Law Office of Cohen & Jaffe, we understand the hazards of working in construction and New York’s laws regarding construction accident claims. No matter the circumstances, we may be able to take on your case and fight for the compensation you deserve. With our extensive knowledge and experience, we can help you understand every aspect of your claim.
Proving Fault in New York Construction Accident Claims
Depending on the details of your accident, it can be challenging to determine who is at fault. We may be able to listen to your story and gather evidence to clear up any unclear information and identify whose negligence caused your injuries. Regardless of the details of your case, as the victim, you have the responsibility of proving the following points:
- The liable party owed you a duty of care
- They breached this duty by acting negligently
- This negligence caused your injuries
- Your injuries resulted in damages
When it comes to naming a liable party, the following may be responsible for a construction accident:
- Construction site owners: Owners of the site are responsible for keeping their property safe, so if they fail to do so, they may be liable for your injuries.
- Contractors: If a general contractor fails to inform their workers of any potential hazards or enforce safety regulations, they may be responsible.
- Subcontractors: A subcontractor may be liable if they fail to follow safety protocols or perform their assigned tasks.
- Architects, designers, or engineers: If architects, designers, or engineers fail to create plans that are up to code or do not perform routine inspections, they could be responsible.
We understand it can be difficult to recall the specifics of the accident, so we suggest taking as many photos and videos of the scene as possible. This way, you can capture the site untouched and you don’t have to exclusively rely on memory when recounting the story to us later.
What Potential Damages Can You Recover After a New York Construction Accident?
After sustaining personal injuries in a construction accident, you may worry about the hefty treatment costs and other needs. If someone else’s negligence caused your injuries, you have the right to seek financial compensation for your losses. Depending on the extent of your injuries and your case’s circumstances, you may recover the following damages:
- Ambulance ride
- Hospital costs
- Current and future medical bills
- Lost wages from missed work
- Pain and suffering
- Property damage
- Reduced quality of life
- Physical therapy
- Prescription medication costs
It’s important to note that New York is a comparative negligence state. This means each party involved receives a fault percentage, and this percentage is deducted from their compensation. For instance, if you carry 15% of the fault for the accident, your damages get reduced by 15%. We may be able to negotiate with insurance companies to ensure you do not receive an unfair fault percentage.
How Can an Attorney Help With Your Construction Accident Claim?
After sustaining injuries in a construction accident, recovery should be your top priority. Therefore, contacting a construction accident attorney right away is one of the best steps to improve your chances of achieving the compensation you deserve. We may be able to support you in the following ways:
- Conducting a thorough investigation of your case
- Gathering evidence like video camera footage and police reports
- Interviewing witnesses
- Utilizing resources like medical professionals and accident reconstructionists
- Negotiating with insurance companies
- Keeping track of offers and counteroffers
- Identifying an at-fault party
- Determining your case’s worth
- Speaking on your behalf and representing you in court, if necessary
It’s also important to know that New York gives construction accident victims three years to file their claims. This may seem like plenty of time, but recovery can take longer than expected, or other delays can arise. With our construction accident lawyers by your side, your claim can be filed properly and on time.
Reach Out to an Experienced Jamaica, NY Construction Accident Lawyer at the Law Office of Cohen & Jaffe
Construction sites are one of the most dangerous places to work, and it is up to those who own the site and work on it to stay safe. If you suffered injuries in a construction accident through no fault of your own, you deserve top-notch representation that will handle every aspect of your case while you recover. Our reliable attorneys at the Law Office of Cohen & Jaffe may be able to work with you to determine the best path forward.
We always strive to provide effective, unique legal solutions to Jamaica, NY construction accident victims. Our construction accident attorneys are committed to seeking justice and advocating for the compensation you deserve. With our knowledge and skills, we may better your chances of a fair settlement and a low-stress legal process. For a free consultation, call us at 516-358-6900 or fill out our contact form. Subscribe to our YouTube channel for more information about our services.The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.