Construction accidents in New York can cause severe injuries and financial hardships for victims and their families. When seeking compensation through legal action, one of the key concerns for victims is understanding the timeline for settling a lawsuit and receiving the necessary compensation for their injuries and damages.
While it’s impossible to predict the exact amount of time it will take to resolve a construction accident lawsuit, there are several factors that a New York construction accident lawyer will consider to estimate the timeline.
- The Severity of Your Injuries Impacts a Lawsuit’s Timeline
- The Value of Your Construction Accident Damages
- Who Are the Liable Parties In a Construction Accident Lawsuit?
- How Negotiation and Settlement Discussions Affect a Lawsuit Timeline
- Litigation and Trial Preparation For a Construction Accident Lawsuit
- The Trial and Verdict Stage Can Further Prolong a Lawsuit’s Timeline
- Call a Construction Accident Lawyer Today
The Severity of Your Injuries Impacts a Lawsuit’s Timeline
The severity of your injuries significantly influences the timeline of your construction accident lawsuit.
Construction accident injuries often require lengthy medical treatment and rehabilitation, potentially delaying a resolution of legal action until the victim’s condition stabilizes or the long-term prognosis can be made with a reasonable degree of medical certainty. Furthermore, extensive injuries result in higher medical bills and economic damages, necessitating thorough documentation and expert assessment, which can prolong settlement negotiations.
Moreover, severe injuries may have long-term consequences, such as disabilities or chronic pain, impacting future needs and, in some cases, extending the litigation timeline. Stated more simply, sometimes when lawyers for an injured party fight for a very significant sum to properly compensate their client, the degree to which the insurance companies and their defense lawyers fight back is that much greater. Unfortunately, this can lead to the case taking a longer amount of time.
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The Value of Your Construction Accident Damages
Consistent with the statement in the preceding paragraph, a case with a small value could be resolved in weeks, whereas one involving millions of dollars in estimated damages could require years of court battles.
Assessing the value of damages in a construction accident case involves considering various factors, such as the following:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
- Potential future costs
This assessment can be complex and may prolong negotiations and the overall litigation process.
Proving the full extent of your damages requires gathering meticulous documentation and evidence. This includes obtaining medical records, employment records, expert opinions, and other supporting documents. Collecting and presenting this evidence can be time-consuming, especially for cases with significant damages.
Higher damages can result in more heated negotiations as parties try to reduce their liability. This may extend settlement talks or result in trial proceedings to settle disagreements.
Who Are the Liable Parties In a Construction Accident Lawsuit?
The responsible parties in a construction accident lawsuit also influence how long it takes to reach a settlement.
For starters, the number of liable parties involved affects complexity. Unlike cases where a single injured plaintiff may make a claim against a single allegedly liable defendant, construction accident cases typically involve multiple parties and abundant “finger pointing” as various parties claim they should not be liable but some other involved party should be. Parties who can be held liable in a construction accident can include:
- Construction company or contractor
- Property owner or developer
- Subcontractors and their employees
- Architects and engineers
- Manufacturers or suppliers of construction materials or equipment
- Government entities or agencies responsible for regulations or oversight
- Inspectors or safety consultants
- Other workers on the construction site
- Third-party vendors or service providers
- 12. Maintenance or repair personnel
More parties mean more legal representation and defense strategies, extending the litigation process. Each party may dispute liability or shift blame, prolonging negotiations or court proceedings.
Insurance coverage problems also complicate matters. Parties might have different levels of coverage or disagree on coverage limits, making negotiations and settlement coordination more difficult.
New York’s joint and several liability laws can lead to any one party being accountable for full damages, regardless of fault. This can prolong the settlement process as parties discuss contributions.
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How Negotiation and Settlement Discussions Affect a Lawsuit Timeline
Parties initially engage in negotiations after filing a lawsuit or sending a demand letter to explore settlement possibilities. The duration of these talks varies based on factors like case complexity and the parties’ willingness to compromise.
Negotiations often involve multiple rounds of offers and counteroffers to reach a mutually acceptable settlement. Each round requires time for communication, evaluation, and strategic decision-making.
If initial negotiations stall, parties may turn to alternative dispute resolution methods like mediation or arbitration. While these processes can expedite settlements, scheduling and preparation may extend the timeline.
The complexity of settlement terms, such as payment schedules and legal clauses, can also affect negotiation duration. Parties may need additional time to review and negotiate these terms before reaching an agreement.
Legal and financial considerations, including insurance coverage and liens, may further complicate matters, prolonging the process as parties address these issues.
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Litigation and Trial Preparation For a Construction Accident Lawsuit
If parties fail to settle, the case may proceed to litigation and trial preparation. This phase is crucial in the progression of a construction accident lawsuit and significantly impacts its timeline.
Filing the lawsuit initiates formal legal proceedings, setting deadlines and requirements that shape the case’s timeline.
During the discovery phase, parties exchange information and evidence relevant to the case, involving requests for documents, depositions, and expert witness disclosures. The duration varies based on the case’s complexity.
Trial preparation involves intensive witness preparation, legal research, and strategy development. While vital for presenting a compelling case, it can prolong the lawsuit’s timeline.
The Trial and Verdict Stage Can Further Prolong a Lawsuit’s Timeline
The trial and verdict phase marks the culmination of a construction accident lawsuit. The extensive preparation to get to this phase does not guarantee that the trial will go quickly.
Firstly, jury selection begins, involving questioning prospective jurors to ensure impartiality. This process can be time-consuming, especially in complex cases.
During the trial, both parties present arguments and evidence to the court and jury. This includes witness testimony, expert reports, and physical evidence. The duration varies depending on case complexity and witness numbers.
Attorneys engage in legal arguments, cross-examining witnesses, and presenting case law to support their positions. This phase allows challenges to opposing witnesses and inconsistencies in evidence.
After evidence presentation, the jury deliberates to reach a verdict. Deliberations can last from hours to days as jurors consider evidence and instructions. In some cases, parties may appeal the verdict, further prolonging the resolution.
Notwithstanding all the complexities described above, our mission at Friedman & Simon LLP Injury Lawyers is to win as much as possible as soon as possible for our injured clients and to offer support every step along the way.
Call a Construction Accident Lawyer Today
If you or a loved one has been injured in a construction accident, having legal guidance from a trusted law firm can save you time and help expedite the process.
At Friedman & Simon, L.L.P., our dedicated team of personal injury attorneys has a proven track record of successfully representing construction accident victims and their families. We understand the complexities of construction accident lawsuits and are committed to fighting for the compensation you deserve.
Contact us today for a free consultation, and let us help you navigate the legal process and pursue justice.
Call or text 516-932-0400 or complete a Free Case Evaluation form