Niagara Falls (NY) Construction Accident and Injury Lawyer
Construction accidents can produce catastrophic harm. For example, victims regularly suffer broken bones, head injuries, spinal cord damage, soft tissue injuries, and burns. Still, there are many other types of injuries and illnesses that may result from such accidents.
Construction workers can recover payment for injuries related to on-the-job accidents. In some cases, benefits must be sought through Workers’ Compensation insurance. However, under certain conditions, parties may be sued for construction accidents they cause. Plaintiffs in construction accident lawsuits will have access to monetary damages that are unavailable to those filing Workers’ Compensation claims. Our attorneys can help injured workers determine the appropriate path to compensation.
If you were injured because of a construction accident in Niagara Falls, get help pursuing the full range of damages available to you. Get in touch with our experienced Niagara Falls construction accident and injury lawyers today by calling The Carrion Law Firm at (718) 841-0083. Our attorneys can provide a free case review.
When to File a Construction Accident Lawsuit in Niagara Falls
Plaintiffs in construction accident lawsuits may recover a wide range of economic and non-economic damages that are unavailable to Workers’ Compensation claimants. However, these types of cases may only be filed under certain circumstances. At-fault parties may only be sued after the following types of construction accidents:
After an Accident Caused by a Third Party’s Negligence
You may file a construction accident case if you were injured because of a third party’s negligent conduct. There are multiple types of third-party negligence that can cause harmful accidents on construction sites. For instance, a worker may suffer a fall because of defective safety equipment produced by a negligent manufacturer. Furthermore, an on-site vehicle accident may occur because of a backhoe operator’s careless behavior. If you suffered a construction accident caused by a third party’s negligence, you should reach out to our Niagara Falls construction accident and injury lawyers for help evaluating the strength of your potential lawsuit.
After an Accident Caused by Your Employer’s Negligence
You may also be able to file a construction accident lawsuit if you were injured because of your employer’s negligence. Under L.A.B. Law § 200, § 241(6), § 240(1), you may file a construction accident case if you were hurt because of your boss’s negligence and one of the following happened:
- You were struck by a falling object
- You fell through an unsecured opening
- You suffered a harmful accident caused by third-party negligence
- You were injured because of a fall from a ladder, scaffold, or other tall height
- New York’s industrial regulations were violated
If you suffered a construction accident caused by your employer’s negligence, you should contact our Niagara Falls construction accident and injury lawyers as soon as possible. Our team of experienced attorneys can help determine the right course of action.
Proving Fault for a Construction Accident in Niagara Falls
Unlike Workers’ Compensation claimants, plaintiffs in construction accident lawsuits must prove that their accidents were caused by defendants’ negligence. There are multiple types of evidence that can be used to establish this link. The following are common forms of evidence employed by our Niagara Falls construction accident and injury lawyers:
Security Camera Footage
Security camera footage can be very useful when proving fault for a construction accident. For instance, surveillance footage from a nearby security camera may demonstrate factors that contributed to a slip and fall. Furthermore, security camera footage may show that an on-site vehicle accident occurred because of a crane operator’s careless behavior. However, parties in control of relevant footage may not want to cooperate with injured workers. The assistance of our attorneys can be highly valuable when seeking to recover pertinent security camera footage in your case.
Witness statements are another type of evidence regularly used to prove fault for construction accidents. Like surveillance footage, witness statements can help explain the events that unfolded before, during, and after construction accidents. Witnesses may offer either oral or written statements explaining how or why certain accidents occurred. Accordingly, you should always attempt to retrieve contact information from witnesses to your construction accident if possible. Afterwards, our Niagara Falls construction accident and injury lawyers can help when reaching out for their cooperation.
Expert Witness Statements
Expert witness statements are also often used to prove fault for construction accidents. Expert witnesses are considered experts because they have completed the requisite training, education, and experience in their respective fields. These types of witnesses are usually used to explain complex theories of fault. For instance, an engineering expert may be summoned to explain how an accident was caused by a defective piece of machinery. Our attorneys can help find the right expert witnesses to support your construction accident lawsuit.
Photos from the Scene
Furthermore, photos from the scene of a construction accident can also be used to prove fault. For example, photos showing debris strewn across the floor of a workspace may be used to demonstrate factors that contributed to a slip and fall. You should always attempt to take photos at the scene of your accident if possible. Our Niagara Falls construction accident and injury lawyers can help review any photos you took during your free case review.
Elements of a Construction Accident Lawsuit in Niagara Falls
Construction accident lawsuits can come in many forms. The path to compensation in these cases can vary depending on several factors. However, in every case, the plaintiff must prove that each of the following elements has been established:
- The defendant was under a duty of care, such as the duty to operate their vehicle with reasonable care or the duty to maintain a safe workspace
- The defendant did not adhere to their duty of care
- You suffered a harmful construction accident because of the defendant’s breach of duty
- You incurred damages because of the injuries you suffered
During your free case assessment, our Niagara Falls construction accident and injury lawyers can help determine if the necessary elements have been satisfied.
If You Were Injured Because of a Construction Accident in Niagara Falls, Our Attorneys Can Help
If you suffered a construction accident, seek assistance from our experienced Niagara Falls construction accident and injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.