Construction sites are popping up all the time, especially in New York’s Five Boroughs. And with more development comes more foot traffic, and such is why more sidewalks are going in. If you’ve been injured in a construction accident or a sidewalk accident, it’s likely you have many questions. Read through this FAQ to get your questions answered.
Call us at 1-800-HURT-511 when you need to hire a construction and sidewalk accident lawyer. We represent clients throughout the Five Boroughs, and for more than a decade we’ve been securing favorable judgments for injured individuals.
Who’s Liable For Paying Damages When A Construction Accident Occurs?
The answer here largely depends on what the injured individual’s capacity was at the time they got injured at the construction site. If they got injured as an employee of the developer or general contractor, then the injury will likely be covered by the employer’s workers’ compensation insurance policy. However, if the individual was not an employee at the time they got injured at or near the construction site, they could sue the site developer and/or the general contractor directly for damages.
Can You File A Lawsuit And Still Collect Workers’ Compensation?
Even if you’re collecting workers’ compensation benefits for an injury that’s work-related, you can still sue other parties that bear fault in causing the accident that injured you. Just keep in mind that you may have to give back some or all of your workers’ compensation benefits if you recover damages from other parties.
Can A Pedestrian Sue If They Get Injured While Walking By A Construction Site?
Say you trip and fall over a piece of construction site debris, you’re hit by a truck that’s leaving a construction site, or you’re struck by a falling tool. In all of these instances, it’s very likely injuries will be a result. And if you do get injured as a pedestrian, it’s likely you’ll sue the site developer, the general contractor, and possibly some subcontractors, as all these parties will probably bear some responsibility. Site developers and general contractors are expected to keep their construction sites safe. Even if the injured individual is an uninvited guest of the site at the time of the injury occurring, the parties above may still be liable for paying damages.
What Are Damages Used To Cover In Construction Accident Cases?
Damages from a construction site accident case are used to cover a variety of expenses. Past and future medical bills are big expenses for accident victims, and accident victims tend to be compensated for lost wages both past and future. A victim may also be compensated for experiencing pain and suffering, and punitive damages may even be awarded if it’s determined that there was significant negligence. If a construction site accident victim dies as a result of their injuries, their family is entitled to seek damages on their behalf.
Is There A Statute Of Limitations For Construction Accident Cases?
Once an accident that results in injury occurs, the injured individual has two years from that time to file a lawsuit. This is also the window of time that’s afforded to accident victims’ families when an accident victim has succumb to their injuries. It’s possible to get this window of time extended, but extensions are rare. And if a public entity is going to be the defendant in a lawsuit, the lawsuit must be filed within six months of the injury occurring.
Should I Hire A Construction Accident Lawyer?
Construction site accident victims often hire a lawyer so they don’t have to navigate the hoops and hurdles of a lawsuit alone. Also, a lawyer will make sure their client is asking for full and fair compensation, and if they’re especially skilled and experienced, they’ll know which expert witnesses to call. A construction site accident lawyer will conduct extensive evidence gathering too so they can prove thoroughly the injury their client sustained was the result of someone else’s negligence.
Why Do Sidewalk Accidents Happen?
A variety of factors can cause a sidewalk accident, including:
- Cracks
- Holes
- Loose bricks
- Uneven slabs
- Snow & ice
- Puddles
- Loose grates & manhole covers
- Tree roots
- Debris
Who’s At Fault In A Sidewalk Accident Case?
Sidewalk accident cases are in the realm of premises liability law. According to this doctrine, the party that’s responsible for maintaining the sidewalk is liable for paying damages if another party gets injured while using it. Most sidewalks are publicly owned, but there are plenty of private sidewalks out there. But many municipalities throughout the U.S. are shielded from sidewalk-related injury lawsuits because of laws that have been enacted.
What Are Common Sidewalk Accident Injuries?
A variety of injuries can result from a sidewalk accident. The extent of one’s injuries is often determined by the force at which they fell and the material the sidewalk is made out of. Below are some common sidewalk accident injuries:
- Fractures
- Soft tissue injuries
- A broken pelvis
- Wrist & ankle sprains
- A traumatic brain injury (TBI)
- Cuts and abrasions
- Herniations
- Spine and neck injuries
- Dislocations
- Knee damage
How Much Do Sidewalk Accident Victims Typically Receive?
Sidewalk accidents are often classified as slip and fall accidents, and an injured individual can get anywhere from $10,000 to $50,000 in damages if their injury was caused by another’s negligence. If injuries are severe and, for example, routine medical care will be needed for the rest of the victim’s life, they may receive a lot more money.
Is Hiring A Sidewalk Accident Lawyer Worth It?
There are many reasons why hiring a sidewalk accident lawyer to represent you during a sidewalk accident lawsuit is a good move. A lawyer will know which parties bear responsibility, and they’ll also interact with other parties, other parties’ attorneys, witnesses, insurance companies, and court officers on behalf of their client. And if a case goes to trial, a lawyer will represent their client’s interests in court before a judge and jury. Plus, a lawyer will be able to determine a fair amount for damages after doing a thorough assessment of their client’s injuries.
Call 1-800-HURT-511 to speak with our lawyers right now. Whether you need a construction accident lawyer in Brooklyn or a sidewalk lawyer in Queens, we’ll have a highly skilled and experienced lawyer help you get the compensation you deserve.
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