Fatos Dervishi, Esq

Fatos Dervishi represents people injured in construction accidents, motor vehicle collisions, falls, workplace incidents and other accidents caused by unsafe conditions or negligent conduct. His practice includes matters involving scaffold and ladder falls, falling objects, dangerous machinery, vehicle accidents, spinal injuries and other serious injuries.

Every case depends on its individual facts. An initial consultation allows the firm to determine whether the matter falls within its areas of practice.

Yes. Construction accident claims are an important part of Mr. Dervishi’s practice. He represents workers injured in incidents involving scaffolds, ladders, cranes, forklifts, machinery, falling objects, building collapses, electrocution and other dangerous worksite conditions.

The firm may investigate how the accident happened, which companies controlled the worksite and whether an owner, contractor, equipment provider or another party may bear legal responsibility.

Possibly. Workers’ compensation may provide medical care and cash benefits for a qualifying job-related injury without requiring the employee to prove fault. In some situations, an injured worker may also be able to pursue a separate claim against a negligent person or company other than the employer.

Because workers’ compensation and third-party claims involve different rules, benefits and procedures, the circumstances should be reviewed by an attorney as early as possible.

Responsibility depends on how the accident happened and who owned, managed, supervised or supplied equipment for the project. A legal investigation may examine the property owner, general contractor, subcontractors, equipment companies, manufacturers and other businesses involved in the work.

New York law contains specific provisions addressing scaffolds, ladders and safety protections used during construction, demolition and repair work.

Bring or provide any information currently available, including:

• Photographs or videos of the accident location
• The accident or incident report
• Names of witnesses
• Employer and contractor information
• Medical records or discharge instructions
• Workers’ compensation documents
• Insurance correspondence
• Pay records showing lost income
• Information about the equipment involved
• Any messages, emails or documents relating to the accident

Do not delay contacting the firm merely because some of these materials are unavailable. Additional evidence may be identified during the investigation.

During the initial evaluation, the firm will ask how the accident occurred, where it happened, who was involved and what injuries resulted. The attorney may also discuss medical treatment, employment, insurance coverage and any documents that have already been received.

The purpose of the evaluation is to identify the legal and factual issues that require further review. A consultation does not guarantee that the firm will accept the case or that a particular outcome will be achieved.

The next steps depend on the type of claim, but they may include:

• Gathering accident reports and photographs
• Identifying witnesses
• Reviewing medical records
• Investigating the worksite or accident location
• Determining which people and companies may be responsible
• Communicating with insurance companies
• Calculating lost income and other damages
• Filing a lawsuit when appropriate
• Preparing the matter for settlement negotiations or trial

The firm should explain who will work on the case, how updates will be provided and what information will be needed from the client.

It is generally advisable to contact an attorney promptly. Evidence can be altered or lost, witnesses may become difficult to locate and different notice or filing requirements may apply depending on the type of accident and the parties involved.

In a workplace matter, the injured worker should also promptly report the accident to the employer and seek appropriate medical care. New York workers’ compensation law contains specific notice requirements, subject to certain exceptions.

Yes. A family member may contact the firm when an injured person is hospitalized, medically unable to communicate or needs assistance making the initial inquiry.

The attorney may eventually need to speak directly with the injured person or an individual who has legal authority to act on that person’s behalf.

Dervishi Law Group offers a free initial case evaluation. Before representation begins, the firm should explain the proposed fee arrangement, responsibility for case expenses and the terms of the written retainer agreement.

Attorney fees in many personal injury matters may depend on whether compensation is recovered, but the exact arrangement should always be reviewed with the firm before signing an agreement.

The attorney and staff assigned to a case may depend on its type, complexity and stage. Prospective clients should ask who will be primarily responsible for the matter, how Mr. Dervishi will participate and who they should contact when they need an update.

Clear communication about case responsibility should be established at the beginning of the attorney-client relationship.

No. Contacting the firm, submitting an online form or participating in an initial consultation does not automatically create an attorney-client relationship.

Representation begins only after the firm confirms that it can accept the matter and the client and firm complete the required written agreement. Avoid submitting highly confidential or time-sensitive information until representation has been confirmed.