It is important to note that some New York State laws do not allow employees to sue their employers for damages and compensation as the result of an accident. Hence, much of the construction accident litigation seeks to hold some third party (a party other than the actual employer) liable for negligence.
Finding a Party to Sue
The process of constructing a home or commercial building involves a large number of various government and business interests. When an accident occurs, a proper investigation may turn up a number of parties/entities which may be implicated in the negligent activity that led to the injury. Some of these parties/entities will be directly responsible for causing the injury by creating a hazardous climate for their workers. Others may be liable for the negligent actions of their employees under agency theory or may incur liability for their failure to locate and remedy potentially hazardous conditions. The following is a list of parties that may be responsible for a construction accident injury.
1) Owners of the work site
2) General contractors
3) Equipment Manufacturers
4) Subcontractors
5) Engineers
6) Architects
7) Insurance companies
8) Landlords
The Anatomy of a Construction Accident Case
Investigation
The first step in a case is to always carry out a thorough investigation. A qualified personal injury lawyer with construction accident experience will want to know the complete story of what led to the worker’s injury. The workers’ assessment of the situation will be crucial. The worker knows better than anyone else what happened the day of the injury, the conditions of the worksite, potential witnesses, and who was most likely responsible.
Based on this information, a qualified personal injury attorney will evaluate the worker’s situation under the various laws that relate to construction accidents. If a case can be made under the law, the attorney will probably accept the case. Once that step is taken, the attorney will probably want increasingly detailed information including the names, addresses, telephone numbers, and other contact info for potential witnesses, negligent parties, company owners, doctors, and any other people that might be helpful. The attorney will want document backup for everything and will want to know who has all of the relevant paperwork related to the worker’s case including accident reports, medical records, and more. The goal is to build a solid case for presentation to the other side and to anticipate what kind of questions the other side will ask before and during trial.
The Filing of a Lawsuit
If the construction accident was due to the negligence of another party, such as a contractor, building owner, or manufacturer, a lawsuit will probably need to be pursued if the worker’s rights are to be protected. Often, the threat of a lawsuit will be enough to encourage proper settlement from the negligent party. The initiation of a lawsuit is done through the submission of a complaint to a state or federal court. The complaint highlights the injured worker’s claim and briefly describes the law the attorney believes should be applied. Once registered with the court, the complaint is then “served” upon the party being sued. Accompanying the complaint will be a summons which orders the party to arrive at the courthouse on a particular date. The party being sued, or their attorney, will have to answer the complaint within a specific period of time. Once the answer is received, both parties will prepare for discovery.
The Discovery Process
In its most simple form, discovery is the process by which both attorneys gather information from each other in preparation for trial. In the American legal system, attorneys must share any information they plan to use in trial with the other side (some exceptions apply). Surprises are generally not allowed. The attorneys will gather this information by interviewing parties and witnesses, requesting various documents such as medical records and accident reports, and/or submitting written requests to parties and witnesses for answers to specific questions. Discovery can last days or years. It can be easy and uncomplicated if parties and witnesses comply with requests or it can be difficult and complicated if parties and witnesses resist providing information or cannot be located.
Pretrial preparation and the filing of motions
This is a complex process designed to dismiss lawsuits that do not have merit, narrow the issues, settle any disputes, work out jury instructions, and take care of the numerous issues and logistical matters that are associated with a trial.
Settlement and Trial
During all of the above steps, both attorneys may be seeking to negotiation a settlement rather than go to trial. Trials can be complicated, time-consuming, expensive, and unnerving. Most attorneys know it is in their best interests to settle a case if an amount can be reached that compensates the injured worker for his or her medical expenses, pain and suffering, lost wages etc.
If a settlement cannot be reached, the case will go to trial. Most construction accident cases will be tried in front of a jury of six or twelve people. Each side will seek to present their case through the admission of documents, the interviewing of witnesses under oath, and the testimony of experts such as doctors, engineers etc. The goal for the suing party is to prove that the party being sued was negligent and caused the workers injuries. Once the case is complete, the jury will be instructed on various matters to consider including how to analyze the defendant’s conduct for negligence, the amount of money that should be awarded if the defendant is found negligent, and other procedural steps. No matter what verdict the jury reaches, the case can be appealed. Actual payment of the money may not occur for a year or more.
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