If you were hurt in a construction accident, you may have suffered devastating physical and emotional injuries. You might also have lost time from work as you recover — or be unable to work at all again in the future. While every worker’s injuries impact their life and livelihood in different ways, it’s important to hold the responsible party on the job site accountable for their negligence. However, there are certain things you should do to safeguard your legal rights if you plan to file a personal injury action to recover your damages.
Here are several critical steps you should take to protect your legal rights after a construction accident:
Document the Accident
One of the first things you should do after a construction accident is to document it. Notify your supervisor about the incident and the injuries you sustained. Review the report for accuracy and be sure to keep a copy. While it is mandatory to report a workplace accident within 30 days for the purpose of obtaining Workers’ Compensation benefits, it is also necessary if you will be filing a personal injury lawsuit against a negligent third party.
Collect Evidence
A variety of evidence can be used to establish a third-party’s negligence in a construction accident. However, it must be preserved. If you are physically able, gather evidence from the scene of the accident that will support your case. This can include:
- Photos of the accident scene and your injuries
- Video of the hazardous condition that caused the accident
- Witness contact information
- Physical evidence such as damaged tools or materials
A good personal injury lawyer will be able to obtain any additional information necessary to prove your claim, including surveillance footage, maintenance reports, safety plans, engineer reports, and other documentation.
Don’t Speak with the Insurance Adjuster
After a construction accident, you may receive phone calls from the insurance company for the other side. It’s best to limit your communication with them and decline providing any statements as the insurance adjuster is not acting in your best interests. It is their job to minimize the value of your claim, or even deny it altogether.
In addition, you should not accept any settlement offer without first consulting with a lawyer. The defendant’s insurance company will typically offer you a lowball amount soon after the accident that does not reflect the true value of your case. Significantly, the value of your claim cannot be known until your treatment has progressed and your injuries have fully developed.
Don’t Delay Taking Legal Action
Following a construction accident, it’s vital that you do not delay taking legal action. There are specific deadlines by which a personal injury lawsuit must be filed called statutes of limitation. In New York, the statute of limitations to file a personal injury claim is generally three years from the date of the accident. However, waiting this long can potentially jeopardize your case — you may lose key evidence, witness memories can fade, and you risk certain pitfalls that could impact your compensation.
Retain a Personal Injury Lawyer
The most crucial thing you can do to protect your legal rights after a construction accident is have the representation of an experienced personal injury lawyer. They can evaluate your case, advise you regarding your options, communicate with the other side on your behalf, and gather the evidence you will need to prove your case. A skillful personal injury lawyer can also aggressively advocate on your behalf, whether your case is resolved through settlement or litigation in the courtroom.
Contact an Experienced New York Personal Injury Lawyer
If you were hurt in a construction accident caused by the negligence of a third party, it’s essential to have a diligent personal injury lawyer by your side who will work to obtain the compensation you deserve. Applying our deep knowledge and vast experience, The Edelsteins, Faegenburg & Brown, LLP regularly secures significant settlements and jury verdicts for workers who have been injured in construction accidents. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.