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Evidence That Can Help in NYC Construction Accident Lawsuits

Offered by Keogh Crispi, P.C.

The stakes are often high in construction accident litigation in New York, and the outcome of your case and the compensation you are rewarded will depend heavily on evidence. If you don’t know where to start, you should contact a construction accident lawyer immediately. An experienced attorney has the tools and knowledge to investigate your accident and collect the evidence needed for a successful case.

An investigation aims to prove who is liable for your injuries. In a construction accident, this could be the property owner, construction company, equipment manufacturer, or another party. Construction accidents can be devastating and usually happen for one of three reasons: General negligence, industrial code violations, and violation of worker safety statutes. However, evidence is still needed to prove any of the three.

General negligence

In injury claims brought under this category, it must be proven that the liable party was able to control the condition of the worksite and that they knew or should have known that the worksite was unsafe. Specifically, you must prove that the liable party was aware or should have been aware of the dangerous condition and failed to take appropriate action to fix it.

Industrial Code violation

New York’s Industrial Code requires that construction workers be provided with reasonable and adequate safety by owners, general contractors, subcontractors, and their agents. The Industrial Code covers incidents involving confined spaces, elevated hazards, safety railings, slip and falls, and various other safety violations. In cases brought under these laws, it must be proven that a violation occurred and that the violation caused the injury.

Labor Law violation

New York’s labor laws, including Labor Law 200, Labor Law 240, and Labor Law 241, establish various protections for construction, demolition, and excavation work. For instance, under Labor Law 240, the owner and general contractor can be held liable if the failure of safety devices like scaffolding, pulleys, or ladders led to a gravity-related accident. Again, evidence is needed to prove that a violation occurred and the injury was caused by the violation.

Knowing these guidelines can help you narrow down what pieces of evidence will be the most important for your lawsuit.

Collecting evidence

Your attorney will launch a full investigation, but you can also do your part to collect evidence. You may not know what evidence will be the most vital asset to your case, so it is in your best interest to obtain all evidence related to your accident. Time can affect different pieces of evidence, so collect as much as you can right after your construction accident. This includes documents, plans, photos, materials, the orientation of materials, the setup of the scene, accident reports, safety briefings, and more. Immediately after the accident, follow these steps, if possible.

Get medical attention and save medical records

After any construction accident, you should seek medical treatment, even if you feel fine. You can call for emergency services to come to the scene of the accident, or you can go to the hospital the same day. Request and keep copies of any medical records and expenses. This will prove the severity of your accident and injuries. It will also serve a great purpose in calculating your compensation.

Report the accident and get a copy of the incident report

Notify your supervisor of the accident as soon as possible so they can create an incident report. Give as much detail as possible. Include injuries, pain level, whether emergency services came, and anything else you remember. Ask for a copy of the report and ensure it matches with what happened the day of the accident. If you disagree with anything in the report, your attorney can help set the record straight.

Taking pictures and witness statements

Photos and video of the scene are crucial pieces of evidence. They capture things at the moment they happen and preserve them. Take pictures of everything: your injuries, the location of the accident, equipment, hazard signs, etc.

Witness testimony is likewise a vital part of construction accident claims. If anyone witnessed the accident, get their name and contact information so that your attorney can follow up with them. People involved in safety plans and discussions before the accident may also be vital witnesses. And remember, you are a critical witness in support of your own claim; a lawyer can help you tell your story in a manner that protects your interests. 

An experienced construction accident lawyer can make all the difference in your case

Evidence plays a crucial role in the success of any lawsuit, and only an attorney who knows the law and the courts can gather the right information to build a strong case. Remember, the sooner you contact a lawyer, the sooner they can launch a thorough investigation to obtain and preserve the critical evidence needed to support your lawsuit.

When you’re injured in a construction accident, you deserve justice. An experienced lawyer can help fight for the compensation you deserve. The lawyer you choose will make all the difference. Contact an experienced construction accident attorney in your area today.

Construction Accidents
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Keogh Crispi, P.C. is known for getting injured New Yorkers big results with careful preparation and aggressive advocacy. Founding attorney Pat James Crispi has recovered millions...