Plaintiffs in construction accident lawsuits can recover financial compensation that will provide crucial support during periods of emotional anguish, physical pain, and financial distress. There are multiple categories of damages that may be awarded through construction accident lawsuits. In order for cases to succeed, plaintiffs must show that they were injured because of defendants’ negligent actions.
However, some workers will be unable to file construction accident lawsuits for their injuries. Instead, they must pursue compensation through Workers’ Compensation insurance. These claimants do not have access to the same range of economic and non-economic damages available to plaintiffs in construction accident lawsuits. A construction accident and injury lawyer can explain the legal remedies available to you.
If you were injured because of a construction accident in Melville, get help recovering monetary damages. Get in touch with our experienced Melville construction accident and injury lawyers today by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Differences Between Filing a Workers’ Compensation Claim and a Construction Accident Lawsuit in Melville
There are two major differences between seeking benefits through a Workers’ Compensation claim and filing a construction accident lawsuit in Melville. First, insurance claimants do not need to prove that another party is responsible for their injuries. Meanwhile, plaintiffs in construction accident lawsuit must prove the following elements for their cases to prevail:
- The defendant was under a duty of care
- The defendant did not act in accordance with that duty of care
- You were hurt because of the defendant’s breach of duty
- You incurred damages as a result of the injuries you suffered
Defendants will usually try to avoid paying for your injuries by disputing one of the aforementioned elements. Accordingly, the support of our experienced Melville construction accident and injury lawyers can be helpful when seeking to recover monetary damages from a negligent defendant.
Second, construction accident plaintiffs will be able to pursue categories monetary damages that are not available to insurance claimants. Only damages for medical expenses and lost wages may be recovered through Workers’ Compensation claims. Meanwhile, plaintiffs in construction accident lawsuits may be awarded several different forms economic and non-economic compensation. For example, plaintiffs can seek damages for pain and suffering while insurance claimants cannot. Our attorneys can determine the right course of action in your case.
Settling a Construction Accident Lawsuit vs. Taking a Construction Accident Lawsuit to Trial in Melville
Plaintiffs in construction accident cases usually must choose between reaching a settlement agreement or taking their lawsuit to trial. After reaching a settlement agreement, the defendant will pay an agreed-upon amount of monetary damages to the plaintiff and their case will conclude. By settling early, you may save on several costs associated with bringing your case to court. Additionally, plaintiffs who reach settlement agreements can be compensated sooner.
Still, settling early is not always a wise choice. Insurers will usually try to settle cases for as cheaply as they can. Accordingly, many settlement offers do not represent the full value of plaintiffs’ claims. By taking your construction accident lawsuit to trial, you may recover additional compensation that was not offered during pre-trial negotiations. However, if your case does not succeed at trial, you may receive nothing for the harm you experienced. Our Melville construction accident and injury lawyers can help determine if taking your case to trial is the right decision.
Statute of Limitations for Construction Accident Lawsuits in Melville
States’ statutes of limitations set forth time limits for filing certain types of lawsuits. According to C.V.P. law § 214, you will usually have three years from the date of your construction accident lawsuit to bring your case to court. Still, you should not wait to file your claim. There are numerous other requirements that must be adhered to during the filing process. For instance, you have to serve defendants, pay filing fees, file in the correct court, attach supporting documents, and ensure that you have a complete claim. Failure to satisfy any of these conditions could mean you have to re-file your lawsuit. By trying to file your case early, you give yourself time to re-file if you have to. Our Melville construction accident and injury lawyers can help when filing your lawsuit.
Who to Sue After a Melville Construction Accident
There are multiple parties who can be sued for a construction accident in Melville. Plaintiffs may be able to seek compensation from the following defendants:
Your Employer
In many cases, employers cannot be sued for construction accidents. You may only sue your employer if they acted carelessly and one of the following happened:
- An accident happened because of a third party’s negligence
- You were struck by a falling item
- Your accident occurred because you fell from a scaffold, ladder, or other height
- New York’s industrial regulations were not adhered to
- You fell because of an unsecured opening
Construction accident claims against employers are governed by L.A.B. Laws § 200, § 240(1), and § 241(6). Our experienced Melville construction accident and injury lawyers can help assess the strength of a potential claim against your employer.
A Negligent Third Party
Cases against at-fault third parties are not restricted by Workers’ Compensation laws. Therefore, third parties can typically be held responsible for construction accidents that occur because of their negligent behavior. There are multiple types of accidents that can happen as the result of third-party negligence. For instance, workers may suffer devastating crush injuries after heavy objects were dropped on them by a crane with a defective hoist. In that case, our attorneys could help seek compensation from the manufacturer of the defective part that caused the accident. Similarly, a worker may suffer a serious slip and fall accident because of an unsafe workspace created by another contractor. Our Melville construction accident and injury lawyers can aid when seeking monetary damages from careless third parties.
If You Were Injured Because of a Construction Accident in Melville, Our Lawyers Can Help
If you incurred injuries because of a construction accident, seek help from our experienced Melville construction accident and injury lawyers today by calling The Carrion Law Firm at (718) 841-0083 for a free case review.