Here in New York, the state spends billions of dollars on the construction industry. However, this doesn’t ensure the safety of the workers. Hundreds of construction accidents occur every year. If you recently suffered an injury in a construction accident, you can seek compensation.
First, you must find legal representation. When searching for the right construction accident attorney, start with an initial consultation. If you’ve never worked with an attorney before, you may feel underprepared. The team at Dervishi Law Group, P.C., is here to make sure you know exactly what to expect during your initial consultation with a Bronx construction accident lawyer.
When Do You Need a Construction Accident Attorney?
When you’re in a construction site accident, workers’ compensation typically covers your costs. New York requires employers to have workers’ compensation insurance, which will cover your immediate medical bills and lost wages. However, sometimes this isn’t enough.
In other instances, a third party might be responsible for your accident and you want to file a personal injury lawsuit.
Whether you choose to go through worker’s compensation or file a lawsuit, contact a construction accident attorney. They will help you evaluate the value of your claim and explain your options. First, you must determine the cause of your accident. Common causes of construction worker injuries include:
- Malfunctioning equipment
- Explosions
- Fires
- Falling building materials
- Structures collapsing
- Chemical exposure
Additionally, keep detailed records of your injuries. Common construction accident injuries include:
- Back and spinal injuries
- Head trauma
- Broken or fractured bones
- Burns
- Neck injuries
Once you document these details, contact an attorney for an initial consultation.
What Is an Initial Consultation With a Construction Accident Lawyer?
An initial consultation is the first step in hiring an attorney. Many law offices offer this free of charge. During this conversation, you and the attorney will decide whether or not you want to move forward with your case together.
Before you schedule an initial consultation, do your research. Look for a personal injury attorney with extensive experience specific to construction accident cases. The more experience they have, the more knowledge and resources they can offer.
Read reviews of the firm both on its website and on third-party sites like Google and Yelp to learn what past clients’ experiences have been.
What To Expect in an Initial Consultation With Construction Accident Attorneys
NYC construction sites see many injuries, and many personal injury firms offer services to victims of these accidents. When you finish your research and narrow down your choices for attorneys, schedule an initial consultation with them. Do this quickly, as you want to begin this process as soon as possible to comply with the statute of limitations.
Reviewing the Basics
When the consultation begins, the attorney will need the basics of your case. This includes the date and location of the accident, the cause, contact information of witnesses, your injuries, and any other losses.
Giving the attorney these details immediately will set the tone for the rest of the consultation. If you don’t have all of this information, simply provide what you can.
During this time, they’ll also ask you to describe the event in as much detail as you can. This helps them determine if there were any violations of construction safety procedures or regulations.
Asking and Answering Questions
You and your attorney should both come to your consultation prepared with questions. They will ask you to delve deeper into your case and the events leading up to your accident. They will also have questions about the aftermath, including your interactions with your employer and any medical treatment you need.
As for your questions, seek answers for any information you couldn’t find through your own research. Ask about a recent case they won that is similar to yours, what their strategy would be, or general expectations.
Coming Prepared With Documents
To seek compensation, you need proof that another person or party was responsible for the accident. Come to this consultation with any relevant documents. This could include photographs of the scene, accident reports, witness statements, your own statements, medical records, health insurance information, hospital bills, and your employer’s information.
The more tangible evidence you have, the better. It gives the attorney the full picture of your case, allowing them to properly evaluate its potential. If you decide to move forward with this attorney, ensure you have multiple copies of each document.
Evaluating the Potential of Your Case
Every case has its weaknesses. It may be pre-existing injuries, a lack of evidence, or your own negligence. Regardless, the attorney will take this into account and decide whether or not the strengths of your case outweigh its weaknesses.
This is also a good time to begin developing strategies to overcome the weaknesses of your case. While the attorney evaluates your case’s weaknesses, you can evaluate their ability to help you pursue compensation.
Explaining Relevant Laws
Your attorney can also provide legal context for your situation. You may be unaware of laws and regulations relevant to your case. This might involve explaining the statute of limitations, what constitutes negligence, and how to prove liability.
The statute of limitations for a personal injury case in New York is three years. You must file a claim before that three-year mark, or you cannot seek compensation for that accident.
They’ll also explain that multiple parties can be liable for a construction accident, including:
- Contractors
- Subcontractors
- Manufacturing companies
- Co-workers
- Property owners
To prove that any of these parties were negligent, you must prove:
- They owed you a duty of care
- They breached their duty of care
- This breach directly caused your accident
- Your accident led to injuries
Knowing all of this provides a framework for your case’s developing strategy.
Providing an Estimate
With all of the information on the table, the attorney will be able to give you a rough estimate of the damages you could recover from your case.
This could include economic damages, such as compensation for medical bills and lost wages, as well as non-economic damages. Non-economic damages account for emotional suffering, mental anguish, and other intangible losses. If the liable party caused your injury intentionally, you might also pursue punitive damages.
Signing the Contract
If you and the construction accident attorney agree to move forward with your case, you will sign a contract. This will list attorney fees, explain details of your arrangement, and give your lawyer partial power of attorney. The partial power of attorney gives your lawyer limited power to sign documents on your behalf. You’ll also sign a HIPAA release form to give them access to relevant medical records.
What Are the Next Steps?
So, what happens after this initial consultation? If you sign the contract and everything goes smoothly, you and your attorney discuss a plan of action. They will notify insurance companies of your demands and begin negotiations.
Whether you want assistance for mediation or are ready to file a lawsuit, your attorney will guide you through the process. They will collect any additional evidence they can, speak to witnesses, and prepare a strategy to help you seek fair compensation.
Schedule an Initial Consultation With a Construction Accident Lawyer at Dervishi Law Group, P.C.
You have options aside from workers’ compensation for construction accidents. When you’re seeking compensation with a construction accident attorney, you want a law firm you can trust. Our team at Dervishi Law Group, P.C. is a group of passionate personal injury attorneys who want to help victims of construction accidents.
To schedule a free case review with one of our construction accident attorneys, call 718-484-4757 today.
