Your construction accident case may very likely settle out of court. Most successful negligence cases end with a settlement agreement between the injured party and the insurance company or legal team representing the liable party. In a construction accident case, your attorney will likely file a claim with the landowner’s and general contractor’s liability insurance coverage. They will then present a strong argument to outline liability and the value of your case.
This is possible in some circumstances, thanks to New York Labor Law § 240, known as the New York State Scaffold Law. It holds property owners and general contractors strictly liable for fall accidents and related injuries.
A Lawsuit Is Necessary Under Certain Circumstances
Because the cost of going to trial is much higher than negotiating a settlement, especially if they have to pay out compensation anyway, many landowners and general contractors may want to avoid facing a lawsuit. However, this is not always true.
In some cases, they will take action that forces our hand, and we have to prepare and file a civil action on behalf of an injured worker we represent. This most commonly occurs because:
- They will not agree to a fair and just settlement and refuse to compensate the worker based on the value of the case.
- They deny the injuries occurred on-site or are related to work.
- They claim that the protections of the Scaffold Law do not apply to injured construction workers in this case..
- They otherwise refuse to accept responsibility.
In some cases, an out-of-court settlement is still possible, but we need to move forward with filing a lawsuit on our client’s behalf. This occurs when we want to protect our client from running out of time to take legal action under New York Civil Practice Laws & Rules § 214. This statute of limitations bars us from taking the case to trial if we miss the filing deadline.
Understanding What Happens if Your Case Goes to Trial
While your construction accident case will most likely settle out of court, this is not always possible. When Friedman & Simon, L.L.P. represents an injured worker, we must do what is best for our client’s chance at financial recovery. For this reason, pre-litigation or pre-trial settlement is not always the best or most viable route.
If litigation or a trial do become necessary, we will minimize the natural feelings of apprehension and stress though. Our team will represent you every step of the way. This includes presenting evidence to the judge and jury in the courtroom, as well as patiently and thoroughly preparing you, answering your questions, addressing your concerns and updating you about your case as it progresses.
We also handle all other aspects of a legal case, from gathering evidence and preparing documents to proving the value of our client’s damages. Our team will work toward securing financial compensation for your losses so that you can focus on getting better and moving forward with your life.
Recoverable Damages in a Construction Accident Case
When workers suffer injuries on a construction site, they will likely qualify for workers’ compensation coverage. These benefits should be available to most workers in New York State. They provide coverage of the related medical care and expenses and a lost wage benefit. These income-replacement benefits cover up to two-thirds of lost wages. For many injured workers, this is not enough.
If the worker qualifies to pursue third-party action, it is possible to seek additional damages by holding the landowner and/or general contractor accountable. This provides a way to recoup additional lost income, related benefits, miscellaneous expenses, and non-economic damages, including pain and suffering.
Friedman & Simon, L.L.P. Represents Construction Accident Victims
Friedman & Simon, L.L.P. has a passionate, multilingual staff that advocates for fair compensation on behalf of workers injured in construction accidents. Our team will meet with potential clients on Long Island or in other parts of the New York metropolitan area. We can discuss your case with you in Spanish, Bengali, Kannada, Tamil, or Greek, if you prefer.
We know how to develop a case to prove liability under the Scaffold Law and navigate these claims to seek an out-of-court settlement. We work with a network of experts who help us develop and prove these cases, and we will also work closely with your workers’ compensation attorney if we take on your case.
Speak with a Team Member from Our Firm Today for Free
At Friedman & Simon, L.L.P., we provide complimentary case assessments for injured construction workers and others hurt in construction accidents in and near New York City.
You can speak with a team member today for free and learn more about your case. Call (516) 932-0400 now.