Construction site accidents in New York elicit complex statutory, procedural, and evidentiary legal questions.
One of the leading concerns for both the construction site accident victim and the responsible entity is whether to go to trial or settle a case.
This decision often involves determining what the victim’s construction accident injuries are worth.
Settlement documents and jury verdict reports do not consistently or uniformly break down compensatory damages between economic and non-economic damages, and some cases involve multiple parties, making it difficult to quantify an average settlement amount.
If you have suffered injuries in a construction site accident, you should consult with an experienced New York personal injury attorney to understand what factors go into determining a potential settlement.
Factors Impacting Construction Site Accident Settlements
Several factors can significantly impact construction site accident settlements, including:
- Nature and severity of injuries. Catastrophic injuries, such as spinal cord injuries or traumatic brain injuries, often result in larger settlements due to the substantial medical costs, ongoing care, and long-term disability associated with them.
- Liability of the parties. Clear evidence that the construction company, subcontractors, or equipment manufacturers were negligent or violated safety regulations can increase the likelihood of a larger settlement.
- Evidence and documentation. Strong evidence, including photographs, witness statements, and expert testimony, can strengthen the plaintiff’s case, potentially leading to a more favorable settlement.
- Insurance. Coverage and policy limits can limit the size of a settlement.
- Willingness to negotiate. Cases may be resolved through negotiation or alternative dispute resolution methods, while others may proceed to trial, potentially resulting in larger or smaller settlements based on the outcome.
- Jurisdiction. Where the accident occurred plays a significant role in the outcome of a construction accident lawsuit.
A skilled personal injury attorney can assess these factors and work with you to achieve the best possible outcome.
New York Nuclear Verdicts for Construction Site Accidents
New York leads the nation in civil accident jury verdicts exceeding $10 million, commonly known as “nuclear verdicts.”
These verdicts often involve personal injury claims involving product liability, auto accidents, medical liability, and premises liability. Unlike other states, New York’s nuclear verdicts primarily include premises liability cases.
A primary contributor to New York’s premises liability verdicts is the state’s “Scaffold Law,” which imposes strict liability upon employers for construction site falls.
For example, a New York City jury returned a verdict exceeding $100 million to a construction worker injured after he fell from a booth that was hit by a forklift driven by another employee.
New York’s Limits on Construction Accident Settlements
Under New York law, appellate courts are empowered to review the size of jury verdicts and to order new trials when the jury’s award “deviates materially from what would be reasonable compensation.”
Historically, New York appellate courts maintained a $10 million limit on noneconomic damages. Recent reports show verdicts have exceeded this cap.
As such, many personal injury attorneys believe the $10 million limit is a relic of the past, resulting in heftier settlements and nuclear verdicts in New York.
Have You Been Injured in a Construction Site Accident in New York
If you or a loved one was recently hurt in a New York construction site accident, contact the Law Offices of Theodore A. Naima for immediate assistance.
He has represented thousands of victims and families, giving him unrivaled knowledge of what it takes to secure fair compensation for what you’ve been through.
Call the Law Offices of Theodore A. Naima to learn more and schedule a free consultation. You can also reach us through our online contact form.