New York City’s skyline is simply stunning, and it’s all thanks to the hard work of construction workers like you. However, because construction is so commonplace in NYC, so, too, are accidents. In 2020, construction deaths accounted for 22% of all workplace deaths in NYC.
If you’ve been involved in an NYC construction accident, you’ll need ironclad evidence to help support your case. Below, a construction accident lawyer in NYC explains the role of evidence in your case.
Why Is Accident Documentation Important After a Construction Accident?
Evidence collection is an absolute must for construction accident injury claims. Here’s why.
Establishes Liability
Evidence helps establish who is liable for the accident. This is important because you generally can’t sue your employer for the accident, but you can sue a third party. Third parties may include general contractors, subcontractors, equipment manufacturers, and property owners.
Demonstrates Negligence
Evidence demonstrates that the liable party acted negligently. For example, if a subcontractor provided you with a defective tool that injured you, the court may find them negligent.
Although you usually can’t sue your employer if they offer workers’ compensation, you may be able to file a claim against them if they acted negligently. A New York construction accident lawyer can tell you more.
Creates a Timeline of Events
Evidence helps investigators piece together what happened during your accident and afterward.
Demonstrates Safety Violations
Employers and workers in the construction industry must follow strict safety regulations. If they fail to do so, the result is often an NYC construction accident. Your attorney can gather evidence to prove that a party or parties violated safety regulations.
Proves Causation
To recover damages, your attorney must be able to prove a direct link between the accident and your injuries. Medical treatment records are one type of evidence that can prove causation.
Shows the Severity of Your Injuries
Expect the insurance company to argue that you’re not as injured as you say you are. Again, medical treatment records can prove the severity of your injuries.
What Evidence Should You Collect?
Evidence is important, but for it to help your case, it must be the right kind of evidence. Here are a few types of evidence you’ll need to support your case. You can collect some of this evidence yourself, while you may need an attorney’s help to gather the rest.
Pictures and Video of the Scene
Pictures and video of the accident scene serve as invaluable evidence. Take pictures and video of:
- The scene where the accident happened
- Hazards that may have contributed to the accident
- Injuries
- Safety signage
- Equipment
Witness Statements
Construction sites are busy places, so it’s likely that several people saw the accident happen. Their perspectives can help your attorney view your case from different angles. Witnesses might include:
- Fellow construction workers
- Site visitors
- Supervisors
- Emergency personnel
- Law enforcement
Surveillance Footage
Many construction sites have surveillance cameras, and if your accident happened in view of one, the footage can be immensely helpful to your case. Your employer probably won’t give you the footage, but your attorney can ask for a copy of it.
Safety and Maintenance Inspection Reports
Inspection reports demonstrate whether construction employers and workers were following safety regulations when the accident happened. These records can include:
- Equipment maintenance records
- Ladder and scaffold inspection logs
- Vehicle maintenance reports
Compliance and Regulations Documentation
Your lawyer can use compliance and regulations documentation to establish negligence. This evidence includes:
- Hazard communication programs
- Safety procedures and manuals
- Emergency response and injury reporting plans
- Safety audits and inspections
Employment Records
Your employment records establish your employer’s duty of care to you. This evidence includes:
- Employment history
- Attendance records
- Job responsibilities
- Training participation records
Medical Treatment Records
As mentioned above, medical treatment records play a key role in establishing the severity of your injuries and how the NYC construction accident happened. Your records might include:
- Emergency room admission documents
- Surgical reports
- Physical therapy notes
- Diagnostic imaging records
- Psychiatric evaluations
- Records of medical treatment costs
How Is Evidence Collection Used in Legal Claims?
There are several parties involved in a lawsuit, and each will use the evidence you’ve collected to make a determination on your case. Here’s how each of these parties uses the evidence.
Insurance Companies
The insurance company won’t simply take your word for it when you say that you’ve been injured. It will review your medical records and other evidence to determine how badly injured you are and calculate your damages.
Then, based on the evidence, it will offer you a settlement amount. If you feel that the amount is too low, your attorney can negotiate for more.
Attorneys
Your lawyer will use evidence throughout every stage of your lawsuit. During discovery, the lawyer will collect evidence from the construction company, witnesses, accident reconstructionists, engineers, and other sources.
When legal proceedings begin, your lawyer will use the compiled evidence to support their arguments. They can also use evidence to cross-examine witnesses from the opposing side.
Courts
Not all cases go to court, but yours might need to if the insurance company refuses to settle. Courts use evidence in these ways:
- Admissibility: The court determines whether the evidence is valid and admissible.
- Jury consideration: If a jury is involved, the jurors will review the evidence to make a decision.
- Legal rulings: The judge will rule on issues related to the presentation of evidence, attorney objections, and evidence admissibility.
- Final decision: The judge will make a final decision based on the presentation of evidence from both sides. If your evidence is strong, the judge may decide in your favor. If the evidence is too weak, the judge could dismiss your case.
Contact an NYC Construction Accident Attorney Now
Proving negligence in a construction accident can seem like an uphill battle. If you need dependable counsel after a NYC construction accident, count on the team at William Schwitzer & Associates, PC. Our team has recovered hundreds of millions for clients, and we want to help you achieve a fair settlement too.
Contact us at (212) 683-3800 for your free case evaluation.
Frequently Asked Questions
Have questions? Learn more about construction accident claims here.
Why Is Construction Dangerous?
Construction is dangerous because of the risk of accidents, such as falls from height, trench accidents, and crush injuries. Per statistics, one in five workplace deaths happened in the construction industry in 2022. Struck-by incidents are one of the leading causes of construction worker death. In 2022, struck-by incidents caused 14,000 non-fatal accidents and 150 deaths in the construction industry.
Why Can’t You Sue Your Employer in NY?
You typically can’t sue your employer in New York because the majority are required to offer workers’ compensation. This coverage pays for your medical bills and lost income if you’re hurt on the job. Benefits last until you’ve recovered enough to go back to work.
What’s the Average Construction Accident Settlement?
There isn’t an average construction accident settlement because no two cases are alike. That said, many plaintiffs have been able to settle their construction accident cases for five or six figures. Your attorney can tell you how much your specific case might settle for.
Who Can I Sue for a Construction Accident?
You may be able to sue a third party for an NYC construction accident. Third parties can include property owners, contractors, equipment maintenance companies, and product manufacturers. If you don’t know who might be liable for the accident, reach out to an attorney for guidance.
