Construction Accident Attorney in New York: What Kind of Lawyer Do I Need to Sue a Construction Company?
Suing a construction company in New York for injuries or damages is a complex and high-stakes legal process. These cases often involve severe injuries, significant financial losses, and large-scale legal battles against well-funded construction companies and their insurance carriers. To deal with these challenges, you need a skilled New York City construction accident attorney who has the resources, trial experience, and determination to recover the largest possible compensation for your injuries and losses.
You Need a Trial Attorney with a Proven Record and Trial Reputation: Construction Companies Only Pay When They’re Afraid a Jury Will Make Them Pay Even More
Insurance companies and construction firms are unlikely to offer fair compensation unless they believe a jury will hold them accountable. This is why your lawyer’s reputation as a successful trial attorney is critical.
An attorney with a strong trial record brings credibility to your case and signals to the opposition that they are ready to take your claim all the way to a jury verdict if necessary. This creates leverage during negotiations, often leading to higher settlements. Here’s what makes a trial attorney indispensable in a construction accident lawsuit in New York:
Experience Handling Complex Cases
Construction accident claims often involve multiple parties, including contractors, subcontractors, property owners, and equipment manufacturers. A trial attorney skilled in New York labor law understands how to hold each party accountable under these specialized legal provisions.
Ability to Maximize Compensation
A proven trial lawyer knows how to present compelling evidence to ensure full compensation for your damages, including medical expenses, lost wages, pain and suffering, and future economic losses.
Fear Factor for Insurance Companies
Insurance carriers are profit-driven entities. They know a strong trial attorney can convince a jury to award substantial damages, including punitive damages in some cases. This threat motivates them to settle your case on favorable terms.
The Lawyer’s Trial Preparation from Day One: Treating Your Construction Accident Claim Like a Trial Case Makes It Valuable. Treating It Like an Insurance Claim Makes It Worthless
The way your attorney approaches your case from the outset significantly impacts its value. Construction accident claims are not simple insurance matters; they are complex legal disputes that require meticulous preparation from day one.
Comprehensive Investigation
A top-tier trial attorney will immediately investigate the accident scene, gather critical evidence (such as photographs, witness statements, and safety records), and consult with construction experts. This ensures that no detail is overlooked, and all liable parties are identified.
Building a Trial-Ready Case
Preparing for trial means crafting a compelling narrative backed by evidence. This includes:
- Retaining medical experts to testify about the extent and long-term impact of your injuries.
- Consulting economic experts to calculate your future earning capacity and financial losses.
- Engaging construction safety experts to explain how industry standards were violated.
Aggressive Legal Strategies
Insurance adjusters and defense attorneys recognize when a lawyer is merely trying to settle a claim versus preparing for trial. A well-prepared trial lawyer sends a clear message: “We are ready to fight, and we have the evidence to win.”
Proactive Use of New York Labor Laws
New York has some of the strongest labor laws in the country to protect construction workers. For example:
- Labor Law Section 240 (Scaffold Law): Protects workers from falls and falling objects.
- Labor Law Section 241(6): Mandates specific safety requirements at construction sites.
- Labor Law Section 200: Imposes a general duty on employers to provide a safe work environment.
A New York City construction accident lawyer experienced in leveraging these laws can strengthen your case significantly.
Maximizing Settlement Value\
By preparing every case as if it will go to trial, your lawyer ensures the opposition takes your claim seriously. Settlements achieved through this approach may far exceed offers made when the case is treated like a simple insurance claim.
Legal Skills of Your Lawyer to Fight Your Construction Accident Case Under New York’s Grave Injury Law
New York law generally limits injured workers to workers’ compensation benefits when suing their employers. With that said, the Grave Injury Law allows you to file a personal injury claim against a construction company if your injuries meet specific criteria. This is critical because personal injury claims often result in far higher compensation than workers’ compensation.
What Qualifies as a Grave Injury?
The Grave Injury Law is highly restrictive, covering only severe injuries such as:
- Total or permanent loss of use of a limb.
- Severe disfigurement.
- Paraplegia or quadriplegia.
- Brain injuries resulting in significant cognitive impairment.
Your lawyer must demonstrate that your injuries fall within these narrow parameters, often requiring extensive medical documentation and expert testimony.
Filing a Third-Party Claim Against Other Defendants
Even if your injuries do not qualify under the Grave Injury Law, you may still file a third-party claim against non-employer entities, such as subcontractors or equipment manufacturers. This requires a thorough understanding of New York’s labor laws and vigorous case preparation to establish liability.
Negotiating Beyond Workers’ Compensation Limits
Workers’ compensation typically covers only medical expenses and partial lost wages, without accounting for pain and suffering or long-term financial losses. A personal injury claim allows your lawyer to pursue these additional damages, significantly increasing the potential value of your case.
Overcoming Employer and Insurer Defenses
Employers and their insurers often argue that injuries do not meet the Grave Injury threshold or that they are covered solely by workers’ compensation. Your attorney’s ability to present compelling evidence and counter these defenses is vital to securing maximum compensation.
Your Lawyer Should be Tough on Adversaries, Compassionate to Clients
In construction accident cases, your lawyer must strike a balance between being relentless with adversaries and empathetic toward clients. These dual qualities are essential for achieving favorable outcomes while providing the support you need during a difficult time.
Tough on Adversaries
- Unyielding Negotiator: Construction companies and insurers will try to lowball settlements. A tough attorney will push back, using strong legal arguments and evidence to demand fair compensation.
- Courtroom Skills: If a fair settlement cannot be reached, your lawyer must be prepared to take your case to trial and present it effectively before a jury.
- Intimidating the Opposition: A lawyer with a reputation for winning large verdicts can force the opposition to rethink their strategies and offer higher settlements to avoid the risk of a trial.
Compassionate to Clients
- Empathy for Your Needs: Construction accidents may result in life-altering injuries, leaving victims overwhelmed with medical bills, loss of income, and emotional trauma. A compassionate attorney will take the time to understand your needs and guide you through the legal process with care.
- Keeping You Informed: Transparency is key. A good lawyer will explain your legal options clearly, keep you updated on case progress, and address your concerns promptly.
- Providing Emotional Support: Beyond legal representation, your attorney should serve as a source of reassurance, helping you focus on recovery while they handle the complexities of your case.
By choosing a New York construction accident attorney who embodies these qualities, you can ensure that your case is handled with the dedication and expertise it deserves, giving you the best chance of achieving justice and fair compensation.
Why Choose Rosenberg, Minc, Falkoff & Wolff, LLP as Your NYC Construction Accident Attorneys
For over a century, Rosenberg, Minc, Falkoff & Wolff, LLP has been a trusted leader in New York City construction accident cases. Our firm’s legacy, spanning four generations, is rooted in delivering justice for injured New Yorkers. With a proven track record of success, we have secured over $1 billion in compensation for our clients, achieving a remarkable 95% success rate in personal injury claims.
Our dedication to securing life-changing results is evident in our significant victories, including:
- $7.5 Million for an injured construction worker.
- $5.4 Million for a construction burn victim.
When you choose Rosenberg, Minc, Falkoff & Wolff, LLP, you are aligning yourself with a powerhouse legal team that has a storied history, exceptional legal expertise, and an unwavering commitment to your recovery.
A Century of Legal Excellence: A Legacy That Speaks for Itself
Our firm’s legacy began with Gustave G. Rosenberg, who founded the practice in 1920. A trailblazing trial attorney, he later served as Chairman of the New York City Board of Higher Education, a State Supreme Court Justice, and a Judge of the New York Court of Claims. This legacy of excellence was carried forward by Lawrence Rosenberg, who actively practiced law from 1948 to 1985.
Today, Peter Rosenberg, a third-generation trial lawyer, continues this tradition of legal distinction. A relentless advocate for his clients, Mr. Rosenberg has tried over 100 cases, securing numerous multi-million-dollar awards. As a skilled negotiator, he has also settled hundreds of cases, earning the admiration of his clients and peers alike.
The Power of Experience: Meet Our Partners
Daniel C. Minc, a renowned member and partner of Rosenberg, Minc, Falkoff & Wolff, LLP, has built an extraordinary career representing the most seriously injured victims of construction accidents, personal injury, and medical malpractice. His accomplishments include securing over $500 million in verdicts and settlements, making him one of New York’s most formidable trial attorneys.
- National Recognition: Featured in Newsweek as a “Leader in Personal Injury” and named one of America’s Top 100 Personal Injury Lawyers.
- Legal Skills: With over two decades as a member of the New York State Trial Lawyers Association, Mr. Minc is a go-to resource for trial technique education, having taught courses attended by attorneys and judges.
- Exceptional Advocacy: Renowned for his cross-examination skills and commanding trial summations, Mr. Minc consistently unravels the opposition’s case, delivering justice for his clients.
A Winning Strategy for Construction Accident Cases
When it comes to construction accident claims, we understand the high stakes and complexities involved. Construction companies and their insurers may deny liability, and only an experienced trial attorney with an impeccable reputation can compel them to pay what you deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, we treat every case as if it’s going to trial, building strong evidence and leveraging our reputation to secure maximum compensation.
Our lawyers are not only aggressive with adversaries but compassionate toward our clients. We prioritize your recovery, keeping you informed every step of the way and providing personalized attention to ensure your needs are met.
Choose the Leading NY Construction Accident Attorneys to Get Maximum Compensation
With a century of legal excellence and a proven history of record-breaking results, Rosenberg, Minc, Falkoff & Wolff, LLP is the team you can trust to handle your construction accident case. Our firm’s legacy, resources, and relentless commitment to justice make us the best choice for injured construction workers in New York. To schedule your free consultation, call us at 212-344-1000 or contact us online.