Construction sites in New York are fraught with inherent dangers, and catastrophic injuries or fatalities can occur at an alarming rate. The nature of construction work often involves heavy machinery, elevated heights, and hazardous materials, which increases the risk of severe accidents. Common causes of catastrophic injuries include falls from scaffolding, equipment malfunctions, and accidents involving cranes or other lifting devices.
Such incidents can lead to life-altering injuries, including traumatic brain injuries, spinal cord damage, and amputations, significantly impacting victims’ lives and livelihoods. In the worst-case scenarios, these accidents can result in fatalities, leaving families devastated and without essential financial support. You should get high-powered legal representation from a proven New York City construction accident lawyer to take on large construction contractors and insurance companies and recover the maximum compensation for your injuries and losses.
What is the Average Settlement for a Construction Accident in New York?
The average settlement for a construction accident in New York can vary significantly based on the circumstances of the case, including the severity of the injuries, the extent of medical treatment required, and the degree of negligence involved. Generally, settlements for construction accidents can range from $100,000 to over $5 million.
For instance, cases involving severe injuries such as spinal cord damage or traumatic brain injuries may yield higher settlements, sometimes exceeding $1 million, while less severe injuries may settle for amounts closer to the lower end of the spectrum. Ultimately, the facts of each case, along with the skill and experience of the NYC construction accident attorney that represents the injured victim will make a key difference to the final settlement amount.
The Quality of Legal Representation is a Determining Factor in Construction Accident Settlement Amounts in New York City
Proven Track Record of Success
A New York construction accident attorney with a proven track record of success can significantly influence the outcome of your case. This history of achieving favorable settlements and verdicts demonstrates the attorney’s ability to navigate the complexities of construction accident claims effectively.
When insurance companies see that an attorney has a history of winning cases, they are often more willing to offer a fair settlement upfront, knowing that the attorney will not hesitate to take the case to trial if necessary. This proven success can serve as leverage during negotiations, encouraging insurers to provide a more substantial offer to avoid the risks of litigation.
Aggressive Negotiation Skills
Effective negotiation is a critical component in maximizing settlements for construction accident victims. A skilled attorney knows how to communicate the strengths of your case to the insurance company and counter any tactics they may use to downplay your injuries or reduce the payout. Attorneys with extensive experience in construction accident cases understand the common strategies employed by insurers, such as offering low initial settlements or disputing liability.
With sharp and aggressively negotiation skills, they can advocate fiercely on your behalf, ensuring that your medical expenses, lost wages, pain and suffering, and future care needs are fully considered in the settlement discussions. Their ability to build a compelling case can persuade insurers to provide a fair and just settlement.
Thorough Trial Preparation
While many cases settle out of court, being prepared for trial can significantly impact the negotiation process. A New York construction accident attorney who meticulously prepares each case for trial sends a strong message to the opposing side that you are serious about pursuing justice. This preparation includes gathering evidence, obtaining expert testimony, and building a compelling narrative about how the accident has affected your life.
When insurers know that your attorney is fully prepared to take your case to trial, they are often more inclined to offer a higher settlement to avoid the uncertainties and expenses associated with litigation. Trial preparation not only strengthens your position during negotiations but also enhances the overall quality of your case, making it more likely to secure a favorable outcome, whether through settlement or in court.
Well-versed With Construction Industry Safety Standards
A knowledgeable NY construction accident attorney understands the specific safety regulations and standards that govern the construction industry. This insight allows them to identify violations that may have contributed to your accident, which can be crucial in establishing liability.
By leveraging their knowledge of industry practices, attorneys can build a more robust case that demonstrates how negligence led to your injuries. This expertise also helps them articulate the full extent of your damages, ensuring that all aspects of your suffering are accounted for in the settlement discussions.
Types of Damages Your Construction Accident Lawyer in NYC Can Recover as Part of Your Injury Settlement
If you have been injured in a construction accident in New York City, you should be aware of the different types of damages your lawyer can pursue on your behalf. These damages fall into various categories, each addressing specific aspects of your injuries and losses. Here’s a look at the types of damages your construction accident lawyer in NYC can recover for you:
Medical Expenses
One of the most critical aspects of your compensation will cover your medical expenses, which can quickly escalate due to the high cost of healthcare. The liable party or their insurance company is responsible for reimbursing a wide range of medical-related costs, which may include:
- Cost of Surgeries: Any surgical procedures required to treat your injuries.
- Cost of Imaging Studies and Tests: Expenses for necessary diagnostic tests, such as X-rays, MRIs, or CT scans.
- Cost of Advanced Treatments: This includes specialized treatments like advanced laser therapy or other innovative medical procedures.
- Fees of Doctors and Specialists: Payments for consultations and services from various healthcare professionals involved in your recovery.
- Nursing Team Costs: Expenses associated with in-home nursing care or rehabilitation services.
- Cost of Your Hospital Stay: Charges incurred for hospitalization, including room and board, surgical fees, and other related costs.
- Mental Health Counseling: Therapy or counseling services needed to address emotional and psychological impacts resulting from the accident.
- Physical or Occupational Therapy: Costs for rehabilitation services aimed at restoring function or improving skills.
- Ongoing Medical Treatment: Future medical care that may be required as a result of your injuries.
- Medical Devices and Equipment: Expenses for prosthetics, wheelchairs, or any other devices that aid in recovery.
- Home Accommodations: Modifications to your home that are necessary due to your injuries, such as ramps or handrails.
- Prescription Drugs: Costs of any medications prescribed to manage pain or treat injuries.
- Over-the-Counter Medications: Expenses for non-prescription medications needed for recovery.
- Co-Pays: Out-of-pocket expenses associated with medical visits and treatments.
- Transportation Fees: Costs incurred for transportation to medical appointments.
- Ambulance Bills: Charges for emergency transport to the hospital.
Income Losses
Your NY construction accident lawyer can pursue compensation for income losses if your injuries affect your ability to work. The liable party should compensate you for the following:
- Loss of Employer Health Insurance: If you lose your job and with it your health insurance coverage.
- Lost Income, Tips, and Wages: All earnings you miss out on during your recovery period.
- Loss of Employer Contributions to Your 401(k): Future contributions to your retirement account that you would have received if not for the accident.
- Loss of Future Potential Earnings: Compensation for the long-term impact on your ability to earn, particularly if your injuries lead to permanent disability.
- Lost Sick Time, Vacation Pay, or Other Paid Time Off: Any benefits you lose because of your inability to work.
Pain and Suffering
In addition to tangible medical expenses and income losses, compensation for pain and suffering is vital in construction accident claims. This category addresses the physical and emotional anguish you endure due to your injuries and the trauma of the accident. Examples of damages related to pain and suffering include:
- Physical Chronic Pain: Ongoing discomfort or pain resulting from the accident.
- Skin Scarring or Disfigurement: Any permanent changes to your appearance as a result of injuries.
- Loss of Consortium: Damages related to the impact of your injuries on your relationships, including with your spouse or family.
- Reduced Quality of Life: Compensation for the diminished enjoyment of life and activities you once loved.
- Mental Anguish: Emotional distress caused by the accident and your resulting injuries.
- Embarrassment: Feelings of shame or humiliation due to physical limitations or disfigurement.
- Indignity: The loss of dignity you experience because of your injuries.
- Inconvenience: The everyday challenges and disruptions caused by your recovery process.
- Fear or Apprehension: Anxiety related to your injuries and the impact on your future.
You should have a seasoned New York City construction accident attorney on your side who can ensure that all aspects of your injuries and losses are taken into account and aggressively negotiate the highest possible settlement with the insurance company on your behalf.
How Much is the Average Settlement for Different Types of Construction Accidents in New York?
Here are a few common accidents and injuries occurring on New York construction sites and their corresponding average settlement figures in New York.
Fall from Height Leading to Traumatic Brain Injury (TBI)
Average Settlement Amount: $500,000 to $4 million
Falls from heights are among the most prevalent and dangerous accidents in the construction industry. Workers can fall from ladders, scaffolding, or rooftops, resulting in traumatic brain injuries (TBIs). A TBI may occur due to a direct impact, leading to symptoms like headaches, confusion, memory loss, and in severe cases, permanent disability.
In New York, the average settlement for a construction accident resulting in a TBI can range from $500,000 to $4 million. Factors influencing this figure include the severity of the injury, the extent of medical treatment required, lost wages, and the impact on the victim’s quality of life.
Malfunction of Heavy Construction Equipment Resulting in Spinal Cord Injury
Average Settlement Amount: $750,000 to $3 million
Heavy machinery, such as cranes, bulldozers, and forklifts, is essential for construction but can pose significant risks if not properly maintained or operated. Malfunctions or operator errors can lead to serious accidents, resulting in spinal cord injuries. These injuries can lead to partial or complete paralysis, requiring extensive medical care and rehabilitation.
The average settlement for cases involving spinal cord injuries from heavy equipment accidents typically ranges from $750,000 to $3 million. The compensation amount is determined by the degree of paralysis, ongoing medical needs, and the overall impact on the victim’s life, including their ability to work and engage in daily activities.
Wrongful Death by Electrocution on a Construction Site
Average Settlement Amount: $1 million to $10 million
Electrocution is a leading cause of fatalities in the construction industry, often resulting from improper wiring, failure to follow safety protocols, or lack of protective equipment. Victims of electrocution may suffer severe burns, cardiac arrest, or death. When an electrocution accident results in a fatality, the victim’s family may pursue a wrongful death claim.
In New York, average settlements for wrongful death cases due to electrocution can range from $1 million to $10 million. Factors influencing the settlement include the victim’s age, earning potential, the pain and suffering endured prior to death, and the emotional and financial impact on the surviving family members.
Hit by an Object on a Construction Site, Leading to Broken Bones and Eye Damage
Average Settlement Amount: $250,000 to $1.5 million
Construction sites often have numerous hazards, including falling objects. Workers can be injured by tools, materials, or equipment that fall from heights or are improperly secured. Such accidents can lead to broken bones and serious eye injuries, which may require surgery or lead to permanent vision impairment.
The average settlement for a construction accident involving being hit by an object, resulting in broken bones and eye damage, typically falls between $250,000 and $1.5 million. The specific compensation amount is influenced by factors such as the severity of the injuries, medical expenses, rehabilitation costs, and the victim’s loss of income during recovery.
Sample Demand Letter Your NYC Construction Accident Attorney Will Send to the Insurer
Rosenberg, Minc, Falkoff & Wolff, LLP
October 21, 2024
Michael Johnson
ABC Construction Company
456 Construction Way
Brooklyn, NY 11201
Re: Demand for Settlement – Construction Accident Claim on behalf of John Smith
Dear Mr. Johnson,
We hope this letter finds you well. We represent John Smith in connection with the serious injuries he sustained due to a construction accident that occurred on September 15, 2024, at the Brooklyn High Rise Project, which is under your supervision and management.
On the day of the incident, Mr. Smith was performing his duties as a Construction Foreman when he was struck by a falling steel beam that had not been properly secured by your team. This catastrophic incident resulted in multiple severe injuries, including a traumatic brain injury (TBI) and spinal cord damage.
The circumstances of the accident clearly indicate negligence on the part of ABC Construction Company, including failure to provide adequate safety measures, insufficient training for personnel, and lack of proper site supervision.
As a result of the accident, Mr. Smith has suffered significant physical, emotional, and financial consequences, including the following:
- Medical Expenses:
- Emergency room visit: $15,000
- Surgery (craniotomy and spinal stabilization): $200,000
- Rehabilitation therapy (estimated for the next 12 months): $50,000
- Ongoing medical treatment and medications: $30,000
- Home accommodations to accommodate his injuries (e.g., wheelchair access modifications): $25,000
- Transportation expenses for medical appointments: $5,000
- Pain and Suffering:
- Given the severity of his condition, we believe a fair compensation for pain and suffering is approximately $1,750,000.
- Lost Wages:
- Due to his inability to work, Mr. Smith has incurred lost wages totaling approximately $120,000 for the past year, with an anticipated future loss of earnings of $1,250,000 due to a diminished capacity to work.
Based on these calculations, Mr. Smith’s total damages amount to $3.5 million:
- Medical Expenses Total: $300,000
- Pain and Suffering: $1,750,000
- Lost Wages Total: $1,370,000
Total: $3,500,000
We believe this demand is reasonable given the circumstances surrounding the accident and the extensive damages Mr. Smith has incurred as a direct result of ABC Construction Company’s negligence. We hope to resolve this matter amicably without the need for litigation and request a response to this demand within 30 days so that we may discuss a settlement that reflects the full extent of Mr. Smith’s damages.
Please be advised that if we do not receive a response or if we are unable to reach an acceptable agreement, we are prepared to initiate legal proceedings to seek the compensation Mr. Smith rightfully deserves. We would prefer to avoid this route and trust that we can come to a resolution quickly and efficiently.
Thank you for your attention to this serious matter. We look forward to your prompt response.
Sincerely,
Daniel C. Minc, Esq.
Rosenberg, Minc, Falkoff & Wolff, LLP
Attorney for John Smith
Choose the Leading Construction Accident Attorneys in New York City
If you or a loved one has been injured in a construction accident, you need aggressive legal representation in order to receive the compensation you are entitled to. At Rosenberg, Minc, Falkoff & Wolff, LLP, our accomplished New York City construction accident attorney, Daniel C. Minc, has a proven track record of fighting for the rights of injured workers. With multi-million dollar settlements and verdicts—including $5.4 million recovered for a construction burn victim and $7.5 million recovered for an injured construction worker—Daniel Minc is strongly positioned to pursue the largest possible damages from the defendants.
Daniel Minc brings decades of experience and a wealth of legal knowledge to every case he handles. He understands the tactics used by insurance companies to minimize payouts and is ready to counter them with compelling evidence, powerful negotiation strategies, and trial readiness. Don’t wait until it is too late—time is of the essence when pursuing your claim. Daniel Minc and his dedicated team are here to listen, guide you, and advocate fiercely on your behalf. To schedule your free consultation, call us at 212-344-1000 or contact us online.
