Construction accident claims aren’t just for workers. Here in New York City we’re surrounded by construction projects constantly. While workers are more likely to be injured than passers-by, anyone can find themselves in the path of falling scaffolding or debris.
It happened recently on the Upper West Side. Debris came down near West 78th Street and Amsterdam Avenue, collapsing atop a family. In another incident, a jogger was struck by an industrial-sized forklift.
The law requires construction companies to see to the safety of guests and pedestrians, not just workers. They are liable for your medical bills, for lost wages that you incur because your injuries keep you from working, for any other expenses spawned by the accident, and for your pain and suffering damages. If criminal behavior such as drug or alcohol abuse was involved then you may be able to make a claim for punitive damages as well.
If a family member died in the accident then you will need to file a wrongful death claim. The construction company will be required to pay your funeral expenses, as well as compensate you for any medical bills incurred before your loved one died. In addition, they will be required to pay for your bereavement, loss of services and companionship. If the accident was particularly gruesome or particularly distressing and you witnessed it, they may owe you additional pain and suffering damages as well.
A construction accident is not like a car accident. There’s no law that demands that the person in charge of the construction site provide you with information. While you should report the incident to anyone who is on duty if you can, many people injured by construction simply don’t have the chance. They require immediate medical care.
The easiest way to file a claim is to reach out to a construction accident injury lawyer. We gather all the appropriate information and deal with the liability insurance company adjuster on your behalf. This prevents you from being led into saying or doing anything which might harm your claim or your case later.
At times, we must make construction accident claims against the city itself. When this happens you must meet strict deadlines. You have just 90 days to notify the appropriate agency of your intention to move forward.
Figuring out which party is responsible is one of the first steps we will take on your behalf. Often there are dozens of entities who have a duty of care towards anyone who might come into contact with the site. This includes architects, engineers, building materials manufacturers, the construction company, the owner of the site, and more. The primary responsibility is on the property owner and the general contractor, but we work hard to make sure every responsible party is held accountable.
If you were injured, there’s no time to waste. Reach out to Miller, Montiel, and Strano to schedule a free course evaluation today.