What is the Litigation Process Following a Construction Accident or Injury?

New York Construction Accident Attorneys

Compassionate New York Construction Injury Firm Guides You Through the Recovery Process

At Robinson & Yablon, P.C., we understand that being injured while on the job is a frightening and unsettling experience. Part of this is due to the many questions and uncertainties you may be facing:

  • How do you pay for your medical treatment and prescription drugs?
  • How long will you be off from work, and who will help you pay your mortgage or rent, food, and other essential bills while you are recovering?
  • How long will you have to wait before you start seeing monetary compensation for your injuries?

While the answers to these and other questions construction site injury victims typically ask may differ depending on the unique circumstances of each victim’s accident, the process through which all construction accident injury cases progress remains relatively constant. Thus, New York construction job site injury victims can anticipate how their case will proceed.

Litigation Process for New York Construction Site Injury Lawsuits

A lawsuit begins with the filing of a complaint by the injury victim (the “plaintiff” and/or his or her attorney) in an appropriate New York courthouse and then serving or delivering a copy of this complaint to the individual(s) or entity/entities who are alleged to have negligently caused the plaintiff’s injuries (the “defendant(s)”). The complaint must set out the facts and law that the plaintiff believes entitles him or her to monetary damages or other legal relief, and the plaintiff must swear to the veracity of the factual allegations.

Once the defendant receives the complaint, he or she has a limited amount of time within which to file an answer to the allegations contained in the complaint. The defendant can affirm or deny specific allegations, or the defendant may claim he or she does not have enough information to address an allegation. In addition, the defendant may raise any defenses he or she may have to the allegations as well as any injury claims the defendant may have against the plaintiff.

If the complaint is legally insufficient or deficient in some manner, the case may be dismissed without any further action. Otherwise, the case proceeds to the discovery phase. During this period (which can last for months or, in cases of large and complicated accidents, years), the parties collect and exchange information and evidence they intend to use to prove their cases. Witnesses may be deposed or interviewed, business records and medical records may be requested, and tangible evidence such as the tool that hit the plaintiff on the head or pictures taken by a responding supervisor will be examined and, if necessary, copied.

If the parties have not settled their case by this point, the case will be scheduled for trial. At trial, both the plaintiff and the defendant will have an opportunity to present the testimony of witnesses and any evidence they believe help prove their claims. At the conclusion of the trial, the judge or jury will render a verdict as to the claims of each party.

Contact Robinson & Yablon, P.C. for Help with Your Construction Injury Case Today

Do not let fear of the unknown or uncertainty concerning your rights cause you to fail to take action following a construction site injury. Call our firm today at (212) 725-8566, and let the experienced legal team at Robinson & Yablon, P.C. help you recover the damages you deserve.

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