Our New York Construction Accident Brain Injury Lawyer team at Stephen Bilkis & Associates, PLLC has refined experience in handling claims involving brain injury caused by a construction accident. Brain injury accident cases are primarily filed after an individual suffers a brain injury due to the negligence of another person or party. The injury could have resulted from a construction accident, auto accident, ATV accident or even a slip and fall incident.
We have discovered that many brain injuries are a result of a construction accident. A construction accident can involve a construction slip and fall, crane accident, falling tools or debris, crane accident or scaffold accident.
Often these injuries occur as a result of negligence. In order for there to be a cause of action present, four elements must present. The defendant must have owed a duty of reasonable care to the plaintiff. In the instance of a construction accident for instance, the owner of the construction company owed a reasonable duty of care to keep their employees safe. This duty must have been breached in some way. This breach was the direct, or contributing cause of injuries to the plaintiff. Lastly, the plaintiff must have suffered damages. Damages can be monetary (medical bills, loss of income), and/or physical (such as a head injury, brain injury etc., and also includes pain and suffering.
It is important to note that New York observes comparative negligence. This law is set out in NY CPLR 1411. This statute says that even if the plaintiff was contributorily negligent and therefore had a hand in the accident or injury occurring, they are still able to law for damages.
Also, New York has specific laws that address construction accidents to protect injured workers. New York Labor Law 240 states that construction workers’ who perform any work necessary for the repair or erection of a building and are working at elevation are entitled to safety equipment. If they do not receive this and are injured, in addition to worker’s compensation they may recover compensation from any third party who was responsible for supervising the project. In needs to be proven however, that the supervising party knew, or should have known of the dangers involved.
A brain injury can be severe and result in permanent physical impairment and disability. This severe head injury can cause an individual significant medical expenses, mental anguish, physical pain and suffering, lost wages and loss of ability to earn future wages. Our skilled New York Brain Injury Lawyer team can help you receive the compensation you need to help with your recovery. In our initial consultation, we will discuss who is most likely responsible for your injury. Under New York law, construction workers are protected from falls, injuries received from falling objects and debris and for injuries received due to lack of safety equipment. These laws can help an injury victim receive a settlement from the related-insurance company. Parties found responsible for construction accidents include: general contractors, property owners, project managers, equipment manufacturers and other subcontractors.
If you have been involved in a construction accident and are suffering from a brain injury or other personal injury, contact our New York Injury Lawyer staff promptly. It is important to note that in the state of New York, there are specific time deadlines involved to filing a claim. Generally, these provisions are outlined in NY CPLR 214. The time frame involved will depend on the cause of action you are pursuing.action. We have years of experience in successfully handling claims against insurance companies and other negligent or irresponsible companies. We will recommend a course of action to help you obtain a fair compensation for your injury and to help you recover from future expenses.
If you or a loved family member is suffering from the effects of a traumatic brain injury, head injury or other personal injury relating to a construction accident, call our law firm and discuss your case with our New York Construction Accident Lawyer team at Stephen Bilkis & Associates, PLLC. You can find us online or by calling our toll-free number at 800.696.9529. We also have convenient offices throughout the New York area in New York City, Manhattan, Staten Island, Bronx, Queens, Brooklyn and also in Westchester County and in the Long Island area in Nassau County or Suffolk County.