Construction Accident FAQs
1. I was a construction worker, and was injured. Should I file a claim and pursue a lawsuit?
During construction work, the site itself poses significant risks to workers.
An accident at the construction site can lead to catastrophic injuries. To help
settle your accident case in front of a jury, you need a lawyer with trial experience,
and one who quickly sends an investigator to the site to take pictures of the construction
area that caused the accident. In the hands of an experienced lawyer, these pictures
become powerful and important images of the accident for the jury.
2. Who do I sue?
Workers compensation benefits are not your only form of money recovery after a construction
site accident. Most construction workers don't know that you can sue any company
other than your employer, such as the building owner, general contractor, scaffolding
company, manufacturer of machinery, ladder manufacturer, or subcontractor. This
lawsuit does not affect your ability to go back to work for the same employer because
there are strict Federal laws that guarantee that. Various kinds of construction
accidents include: crane accidents, defective machinery, heavy equipment, scaffold
accidents, and ladder accidents.
3. What kind of compensation am I entitled to?
If our attorneys take your construction accident case, the lawsuit will be brought
in either the Supreme Court of New York or a Federal Court. These Courts have no
cap on the amount of money a jury may award for a construction accident lawsuit.
How much you receive depends on the severity of the accident, and whether it is
a permanent injury and how it will change your life and enjoyment of life. Your
injury today may have a lifetime of consequences. Contact a qualified attorney from
The Diefenbach Law Firm PLLC to get more detailed information about your specific
construction accident or injury.
4. What is the value of my construction accident case?
Insurance companies and juries award money, known as 'damages' based on the severity
of your accident. Questions that come into play are:
What is the duration of the
injury?
What is the amount of time you must be away from work because of your injury?
Did the accident result in a lifelong injury?
What is the pain and suffering you
feel as a result of this injury?
Is the injury debilitating?
Your settlement or
jury verdict for damages will depend on prevailing liability, also known as, 'fault.'
Liability depends on establishing who was at fault for the accident, unless, as
in many construction accident cases, strict liability applies.
Damages must also
reflect an amount for future pain and suffering that will most likely occur as a
result of the accident. Future lost income for those who either cannot go back to
work, or cannot do the same kind of work is also taken into account.
To provide
an example of how quickly the future income can add up, take the case of a 45 year
old worker who is injured in an accident at a construction site and is permanently
disabled. The Judge instructs the jury that the average life span is 75 years, and
this worker made $100,000 a year. Then the total lost future income, on a simplified
level (various additional formulas tweak this number) would be $3 million.
Diefenbach
Law Firm is a leading New York City area law firm with over 50 years of combined experience
as lawyers. If you have been involved in a construction site accident, our experienced
lawyers are able to fight for your right to compensation. Contact us today at 917.734.7111.
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