Injuries on construction sites in the Bronx can be confusing situations. Workers Comp cases are a logical place to start, but can take awhile to resolve and involve their own complexities.
Or perhaps you don't even work for the construction site manager and can't file Workers Comp.
If you live and work in the Bronx and have sustained a serious injury on a construction site, seeking a negligence attorney can be a powerful augmentation of your voice.
There's generally a solid case any time injured construction workers can clearly demonstrate how the injury has affected their lives , such as:
• permanent loss of mobility
• loss of strength or function
• spinal injuries requiring surgery
• serious fractures requiring surgery
• memory loss
• physical therapy needed
Filing A Construction Negligence Lawsuit in the Bronx, NYC
First off, because so many individuals in this situation ask, the statute of limitations for any negligence case in New York City is generally 3 years from when the injury occurred. If you've sustained an injury some time ago and hadn't pursued legal action until now, there could still be time to act. Especially if that span of time since your injury has resulted in permanent changes to your life.
If you're seeking a negligence attorney for a construction injury in the Bronx, you're probably also wondering what you can expect.
The process of filing a construction injury lawsuit is essentially this:
1. Retaining an experienced attorney - this is where you make the phone call to discuss your situation, and make the decision to hire an attorney to assist you in receiving what you deserve.
2. Starting a claim process - Your negligence attorney will formally submit a claim with the court, starting the process.
3. Filing the personal injury lawsuit with the court - This involves the summons and complaint.
4. Discovery process - This is where your attorney and the party you've filed against exchange information that will be used in the lawsuit. This also includes gathering depositions from anyone involved who can offer evidence.
5. Court conferences - These meetings are generally only for the lawyers, who discuss the result of the discovery process and determine the overall strength of the case. Generally, when there's a strong case fitting the criteria mentioned earlier, this resolves in a settlement.
Our track record at Smiley & Smiley, LLP has been that 95% of our negligence cases can reach a settlement without having to go to trial.
The value for our clients is a faster resolution with a specific outcome. Those clients aren't bogged down by a trial that could go on for years and make it difficult to move on with their lives.
Instead, the injured construction worker gets the voice they needed to have their injuries acknowledged, and receive the compensation they deserve as efficiently as possible.
Factors That Affect Winnings For Construction Negligence Lawsuits in the Bronx
In a recent blog post we talked about the early stages of a negligence lawsuit for a loved one. In a related tone, here are the things to bear in mind when assessing your situation and deciding whether a lawsuit makes sense.
A strong construction negligence case is generally one where we can establish the following:
1. The injury has caused significant suffering (physical or emotional) for you and your family.
2. The injury has prevented you from being able to work, and therefore earn a living.
3. The injury required surgery. Even more so if there was rehabilitation required after surgery, and there has been permanent loss of mobility, use of limbs, or permanent negative impact on memory. (Including spinal injuries that resulted in full or partial paralysis.)
Success Rate for Bronx Construction Accident Attorneys At Our Firm
Our experience has been that when we get very organized with our clients in the beginning of the process we consistently are able to present strong cases that resolve favorably for the clients. In some of those cases, it meant millions of dollars awarded.
When we can establish firm time lines of events, medical treatments, and good testimony the cases almost always resolve in a settlement without needing to go to trial.
This is because the opponents see the strength of the case against them and recognize going to trial is unlikely to end favorably for them.
Trials can go on for years, which isn't something anyone wants.
If you've been seriously injured in a construction accident, very likely you just want to move on with your life. Getting what you deserve doesn't have to come in the way of that.
Why The Bronx?
In particular, there's been something of a construction boom in the Bronx over the last few years.
Back in 2009 there were a series of construction projects meant to revitalize the area, namely to re-zone abandoned warehouse space that had been dormant for many years. These dormant areas were an eyesore, and also prevented any potential residential access to the water front.
Large property sales continued to ping over the next several years, and by 2014 the Bronx was starting to be seen by developers as a real opportunity for luxury living.
Then in 2018, New York City unveiled plans to build a new soccer stadium, surrounded by affordable apartments, a new medical facility, and new retail space.
More recently, development in Bronx Point began with the first phrase of a 1000+ unit apartment project that would further extend the affordable living potential in the area. And even more interestingly, this construction plan will include a 50,000 square foot section for what will become the Universal Hip Hop Museum -- increasing the Bronx's appeal as a tourist destination.
As a section of New York City that has seen so much development in recent years, the Bronx is also an area where more construction accident injuries happen.
Types of Construction Accidents Workers in the Bronx Have Seen
Often the cause of construction site injuries fall into a few key areas, which include falls, electrocution, or failure of equipment due to negligence.
We'll overview each of these areas below with references to where you can read more.
Falls can be either falling objects striking a worker, or the worker falling from heights. Falling objects are pretty self explanatory, and are frequently an oversight from someone in charge. Worker falls tend to stem from scaffolding failures, issues with ladders, broken flooring, or the failure of lifts.
Failure of construction equipment has some overlap with the above, since it involves things like crane accidents and debris, demolition accidents, or faulty lifts like window washers use on high rises.
Electrocution accidents are also typically pretty clear cut cases of negligence since it's so easy to avoid when proper safety measures are being observed. Electrocution can be the result of faulty gear that should've been replaced, cut corners, or site managers not enforcing the correct procedures, and can cause just as much pain and suffering as other work related injuries.
