How to File a Construction Accident Claim in NYC
Construction accidents can have extremely serious, life-altering consequences. The injuries you sustain might not only require a lifetime of treatment and care, but also limit your earning capacity to a significant extent or entirely. If you are injured in a construction accident, it is critical to get legal help as soon as you can so that you can take the necessary steps to recover the compensation you are entitled to.
What Should You Do After a Construction Accident?
- The very first thing you need to do after a construction accident is to get medical attention. Regardless of whether you are visibly injured or whether you are in pain, you should get medical attention – as it is the only way to determine the nature and severity of your injuries.
- Once you get the medical help you need, inform your employer about the accident and the injuries you suffered – in writing.
- Once you inform your employer, get in touch with an experienced construction accident lawyer to find out what kind of compensatory damages you might be entitled to. Depending on the circumstances, you might be entitled to personal injury damages – in addition to the benefits you are entitled to under the workers’ compensation program.
Filing a Construction Accident Claim in New York
Determining Liability
First and foremost, your personal injury attorney will investigate your case and find out whether your employer was in violation of any of the New York Labor Law. If they violated any of these sections, you might be able to sue them for damages – in addition to filing a workers’ comp claim.
Apart from this, your attorney will also try to find out if anyone other than your employer can be held liable for your injuries. This might include the property owner, general contractor, subcontractor, supplier, construction equipment manufacturer, and anyone else whose negligence might have contributed to the accident.
Calculating the Value of Your Claim
Your NYC personal injury attorney will assess the severity of your injuries and the extent of financial losses you have suffered and stand to suffer in the future in order to determine the value of your claim.
Depending on your injuries, you might be eligible to recover the following damages.
- Medical expenses
- Cost of future treatment
- Cost of rehabilitation
- Cost of long-term care (in the event of a disability)
- Lost wages
- Loss of earning capacity
- Pain and suffering
Filing the Lawsuit
Your attorney will file a complaint against the liable parties and serve them with the papers. Once the at-fault parties respond to the complaint, your attorney will send the bill of particulars along with other relevant documents.
This is usually followed by the discovery and inspection process, during which your side will exchange information with the other side. During the process, your attorney will negotiate with the other side and try to settle the claim. If it is not possible, your attorney will take the case to trial to recover money damages.
Injured in a Construction Accident in NYC? We Will Fight to Maximize Your Compensation
If you have been injured in a construction accident, the trial attorneys at the Law Offices of Michael S. Lamonsoff can help you. We will hold all the at-fault parties accountable for their negligence, negotiate with them aggressively, and try to get the best settlement offer possible. If needed, we will take your case to trial and recover the damages you are entitled to.
Our legal team has over 100 years of combined experience and is led by Michael S. Lamonsoff – who is one of the top-rated civil litigators in New York and is a member of the Multi-Million Dollar Advocates Forum.
For a free evaluation of your construction accident claim, call our firm today at 212-962-1020 or get in touch with us using our online contact form and schedule a free consultation with one of our seasoned NYC construction accident lawyers.