The construction industry is the most dangerous workplace in the US, and the job involves building new structures, demolishing old buildings, working with very heavy equipment, and being exposed to dangerous chemicals. In addition, there is the risk of falling, electrocution, or being injured by machines like cranes. If you have sustained injuries on a construction site, you should talk to an attorney about the issue. The legal expert is knowledgeable about local, federal, and state laws surrounding construction site incidents. In addition, the attorney can guide you through the process of workers’ compensation and determine whether you should seek additional compensation from the negligent party. Therefore, when you collaborate with a Crane accident lawyer in New York, he or she can help you to fill out forms correctly and submit them within the deadlines.
How to file a lawsuit in NY
There are several steps to filing a construction accident lawsuit. They include the following.
Summons and complaint
This is a legal document that informs the defendant about the claim, including the location and the date where the incident took place. The document will not state the amount of financial compensation that the plaintiff wants, because NY relies on the jury to determine the amount that the plaintiff deserves. It’s best to research what you should expect from your complaint. You don’t want to make any assumptions about what you are owed. So, make sure to reach out to your lawyer if you have any pressing questions.
The defendant has around thirty days to answer the plaintiff’s summons and complaint after receiving the document. The typical answer is to deny all the claims made against them. That way they can defend themselves when it’s their turn for questioning. It’s in your best interest to just provide all of your facts and let your lawyer do the talking. There’s no need for you to reach out to the defendant during this time. Anything you say can be used against you.
Bill of particulars
This is a document that was prepared by the plaintiff’s legal representative. The bill explains in detail the injuries that you suffered, how the tragic incident occurred, and why the other party is responsible for it. The document also highlights the total amount of the plaintiff’s medical bills and how much earnings they have lost so far. This is like your statement to the jury and explaining to them what you went through during and after your accident. It’s important to lay out everything that happened on your end and how it affected you.
After the defendant has received the bill of particulars detailing all the financial losses you have suffered, he or she will request proof. Common examples of evidence include medical bills, photographic evidence of the incident, employment authorizations, and names and contact information of witnesses. This is where collecting evidence is important if you want to build a compelling case. Your lawyer will lay out these undisputable facts, leaving the defendant to figure out how to continue. Make sure it’s evidence that makes sense with your case and do not add any unnecessary details.
The preliminary conference is typically the first court appearance. However, only the attorneys are required to attend the preliminary conference. They will go over the details with each other and assess the situation. It’s from there they can decide if the case needs to be seen in court or if they can figure it out amongst themselves. That’s why it’s important to hire a lawyer that will fight for you.
The legal deadline for filing the lawsuit.
The deadline for filing a lawsuit is 3 years from the day the tragic incident occurred. In addition, if you lost a loved one, you could file a wrongful death claim within 2 years from the date the fatal incident occurred. Filing a lawsuit is a time-sensitive issue that must be addressed immediately. You don’t want to miss out on any financial opportunities or compensation. Reach out to a trusted legal team to discuss your options as soon as you can.
Types of compensation you may receive.
Injured construction workers or their family members may be eligible for several types of compensation. The compensation includes medical expenses, lost income, property damage, pain and suffering, and punitive damages. This damage was not your fault and was only caused by this accident. It shouldn’t be your financial responsibility to cover all of this on your own. This is why it’s important to have a legal team assist you during this time.
You can take legal action against the parties that caused your injuries by filing a lawsuit against them.However, it is advisable to hire an attorney who can help you to fill out forms correctly and submit them within the deadlines. In addition, the legal expert will give you good legal counsel and ensure you get compensated. You want to make sure that you are covered during your case. You don’t want anything to slide to you or cause any further issues. Reach out to a legal team that will get you the justice you deserve.