Construction accidents can be traumatic, as they may lead to severe injuries and, in some cases, wrongful death. Fortunately, injured victims may be able to pursue a personal injury lawsuit or workers' compensation claim, depending on the facts surrounding their case. However, proving fault or fighting the insurance companies can be more challenging than one can imagine.
The Law Office of Carl Maltese and our experienced personal injury attorneys have recovered millions of dollars for our clients across New York. We have the expertise and skills to ensure swift justice and maximum compensation.
Those who have suffered injuries or lost a loved one in a construction accident in Long Island, NY, should call the skilled construction accident attorney at The Law Office of Carl Maltese to discuss their case and determine the best legal recourse. They are also able to explain how to prove fault in a pedestrian accident in NY.
Can a Construction Accident Victim File a Personal Injury Lawsuit in New York?
The personal injury law in New York allows injured victims to pursue a claim or lawsuit against a negligent party for causing damages.
In case of construction accidents, the affected person may have the right to bring a civil action if the company or its workers acted negligently, resulting in the traumatic incident.
Injured Construction Workers and Workers' Compensation Claim
According to a 2022 report released by the Bureau of Labor Statistics, construction accidents resulted in 1,069 deaths and countless injuries across the United States.
These incidents can lead to devastating consequences, especially for those suffering from permanent disabilities. Fortunately, they can cover their financial losses by filing a claim with their employers.
Recovering Damages Through a Workers' Compensation Claim
In New York, companies operating in the construction industry must purchase workers' compensation insurance to protect their employees financially in the event of a tragic accident.
When employees suffer injuries while carrying out their job responsibilities, they have the right to file a claim to recover some of the damages incurred.
While workers' compensation provides financial compensation to construction workers, it also protects the employers. When injured victims recover damages through the claim, they forego their right to pursue a personal injury lawsuit against their company.
An Injured Construction Worker May Be Able to Pursue a Personal Injury Lawsuit in New York
Sometimes, a construction worker may suffer injuries in a workplace accident caused by a third party. In such situations, the affected person may be able to bring a separate civil action in tandem with the workers' compensation claim.
However, there are certain elements that they must prove if they wish to seek damages from the negligent party's insurance company.
What Is the Statute of Limitations for a Construction Accident Lawsuit in New York?
The statute of limitations refers to the maximum time injured victims have after their construction accident to pursue legal action. This can vary from one case to another.
Typically, injured workers have 30 days to report the traumatic workplace incident to their employer. They must file a claim immediately to initiate the legal process.
In some construction site accidents, injuries may manifest weeks or months after the traumatic incident. For such situations, the law provides the affected party two years from the date of the tragic event to pursue a workers' compensation claim.
When it comes to injured victims who are not construction workers, they must also adhere to the statute of limitations applicable to their case. Generally, the law provides them three years from the date of the injury to pursue a personal injury lawsuit against the negligent party.
How to Prove Fault in a Construction Accident in NY
Whether it's an injured worker or any other affected party, they must prove fault and establish liability when pursuing a personal injury lawsuit. It's important to understand that the former does not need to provide evidence of negligence if they are filing a workers' compensation claim.
In a construction accident case, the affected party must prove the following four key elements to increase their chances of securing financial compensation:
The defendant (construction company or a third party) had a duty of care.
The defendant breached their legal responsibility towards the plaintiff (the party suffering from construction injuries).
The breach resulted in the plaintiff's injuries.
The plaintiff suffered damages due to the defendant's negligence.
To prove these essential elements of a negligence case, the injured victim must gather substantial evidence. While pursuing a legal battle may seem straightforward, there are many hurdles that the affected party must overcome. It's crucial to let an experienced construction accident lawyer in Long Island handle the case.
How Can Construction Accident Lawyers Help Injured Victims in New York?
The Law Office of Carl Maltese can help injured victims across New York in many ways, including the following:
Investigate the Accident
Investigating an accident is crucial, as it can help determine fault. However, understanding who is liable can be much more complicated in some cases, as several parties may be involved.
The Law Office of Carl Maltese has the resources to conduct an impartial investigation to identify the people or companies liable for their client's injuries.
Gather Evidence
During the investigation phase, The Law Office of Carl Maltese will look for concrete evidence to help build a strong case. At this stage, it will also consider all of the counterarguments the negligent party may use and create a strong rebuttal. This ensures a greater chance of securing maximum compensation.
Examples of evidence may include police reports, medical records, CCTV footage of the construction site accident, expert testimonies, and witness statements.
File the Construction Accident Claim or Lawsuit
There are rules that the injured victims must follow to file a lawsuit. Failure to adhere to the guidelines can result in a case of dismissal.
Fortunately, the personal injury attorneys at The Law Office of Carl Maltese have the knowledge and experience to ensure compliance with the legal process. This gives the affected party peace of mind, knowing that they're in good hands.
If a person dies at the construction site or after the accident due to their injuries, The Law Office of Carl Maltese can guide the grieving family members in pursuing a wrongful death lawsuit.
Handle the Insurance Company
Construction accident lawsuits are challenging to handle, as insurance companies have attorneys to represent them in court. It is crucial for the affected parties to seek legal representation if they wish to have a fighting chance of obtaining compensatory damages.
The Law Office of Carl Maltese has recovered millions of dollars for its clients since 1966. It knows how to tackle insurance companies' dirty tactics and negotiate a fair settlement.
Go to Trial
At times, the insurer may disagree over the compensation amount during negotiations. In such situations, the attorneys at The Law Office of Carl Maltese are not afraid to go to trial.
Pursue a Construction Accident Lawsuit with The Law Office of Carl Maltese!
If you've suffered construction site injuries due to another's negligence, call us to schedule a free consultation. Our experienced personal injury attorneys will assess the facts surrounding your case and hold the liable parties accountable for your loss!
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