What To Expect During A Construction Accident Lawsuit
Under New York law, construction workers who are injured in work-related accidents have the right to sue the general contractor, construction site owner, or any other third-party who was responsible for ensuring their safety at the site. In this short guide, we will review the steps involved in a construction accident lawsuit in New York and what you can expect during the claims process.
Filing a Complaint
The first step involves filing a complaint with the court. The complaint is a legal document which specifies when, where, and how the accident happened, how the defendant’s negligence caused the accident, and the legal basis for the lawsuit.
Service of Process
The second step involves notifying the defendant about the lawsuit by serving them with a copy of the complaint and the legal summons. The defendant needs to respond to your complaint within a specific time period (which is 30 days in most jurisdictions).
Depending on the circumstances, the defendant might choose to admit or deny the allegations in your complaint. In a vast majority of cases, defendants tend to deny the allegations altogether – regardless of the extent to which they were at fault for the accident.
Bill of Particulars
In this step, your New York construction accident lawyer will prepare what is called the Bill of Particulars to explain how the defendant is liable for the injuries you have suffered. It typically contains a wide range of information including the factors that caused the accident, the defendant’s liability, the injuries you suffered, your medical bills, loss of earnings, and more.
Once the Bill of Particulars is served, the defendant will ask for proof, which might include:
- Authorization for accessing W2s and other employment related documents
- Authorization for accessing your medical records
- Contact information of doctors who treated you
- Photographic evidence and videos
- Contact information of eye witnesses
Preliminary Conference
This is the step during which the deadlines for physical and oral examinations and document production are scheduled. There is no need for you or the defendant to attend the preliminary conference. Only the attorneys are required to attend it.
Discovery and Inspection
During this step, your attorney and the defendant’s attorney will exchange evidence and information with each other.
Examination before Trial
During this step, the defendant’s attorney will ask you several questions about the accident and the injuries you sustained. You should answer the questions honestly and make sure you do not exaggerate or understate any of the facts associated with the accident.
Prior to the examination, your New York construction accident attorney will guide you through anticipated questioning strategies and help you to prepare appropriate response methods.
Trial
This is the last step, during which the jury will assess the facts of the case and decide whether the defendant is liable, and if so, how much they should pay you. It should be noted that the case can be settled out of court at any time before the trial.
Get Legal Help from the Most Accomplished Construction Accident Attorneys in New York
Construction accident lawsuits can be complex and require the expertise of a skilled and experienced personal injury attorney. Attorney Michael S. Lamonsoff “The Bull” has extensive experience in representing injured construction workers and is one of the leading civil litigators in New York.
Known for his ability to fight tirelessly and aggressively for his clients, Mr. Lamonsoff has earned the nickname ‘The Bull’. A member of the prestigious and exclusive Multi-Million Dollar Advocates Forum, Mr. Lamonsoff has obtained many million-dollar and multi-million dollar settlements and jury awards for his clients over the years.
Call our firm today at 212-962-1020 or get in touch with us online for a free consultation with an experienced New York construction accident lawyer.