Scaffolding Accident Lawyer | Bronx, NY

Scaffolding is responsible for many catastrophic injuries and deaths in New York. But who is responsible for the harm that scaffolding can cause? If you or a loved one suffers an injury in a scaffolding accident, you can seek compensation from at-fault parties, including property owners and construction contractors. 

If you don’t know where to start in your case, start by talking to an experienced Bronx scaffolding accident lawyer from Greenspan & Greenspan Injury Lawyers. We have been helping injury victims in New York for more than 60 years, and we can maximize your recovery.

Establishing Fault in a Scaffolding Accident

If you suffer an injury in a scaffolding accident because of someone else’s actions, you have a right to receive damages from them. Another party might be at fault for your injury if they hurt you intentionally or acted negligently.

To prove negligence, you must prove the following:

  • The responsible party had a duty of care toward you,
  • The responsible party breached their duty of care,
  • The breach caused you harm, and
  • You suffered damages as a result of the breach.

In many cases, whether a responsible party has breached a duty depends on whether they failed to do what a reasonable person would have done under the same circumstances. And courts or insurance carriers might base what a reasonable person would do on safety regulations for building and maintaining scaffolding.

A property owner or construction contractor might be liable in a scaffolding accident if they do the following:

  • Drop a heavy object from the scaffolding without checking if anyone is down below,
  • Erect scaffolding that cannot withstand the minimum weight requirements under the law,
  • Place more weight on the scaffolding than it can handle,
  • Install scaffold planking that is too small or unable to bear the minimum weight required under the law, or
  • Fail to perform proper repairs or maintenance on the scaffolding.

Each Bronx scaffolding accident attorney from our firm can identify all mistakes an at-fault party made in your case and hold them accountable for the harm they have caused you.

Scaffolding Accident Damages

If you can prove that another party was at fault for your scaffolding injuries, you have a right to demand the payment of damages from them. Damages you might receive include the following:

  • Compensation for your pain and suffering;
  • Payment for your present and future financial losses, including reductions in wages or earning capacity, healthcare expenses, property repair or replacement costs, and other out-of-pocket expenses; and
  • Punitive damages to punish an at-fault party whose behavior is exceptionally poor.

You must present strong evidence and convincing arguments to the insurance company or court to maximize your recovery. An experienced and skilled Bronx scaffold accident attorney from Greenspan & Greenspan Injury Lawyers can build the best and strongest case on your behalf.

Ways to Seek Damages

You typically have two options for seeking damages in a scaffold accident case: You can submit a claim to the at-fault party’s insurance carrier or file a civil lawsuit. In many cases, accident victims might have to use both tactics to help ensure that they receive all the compensation they deserve.

Insurance Claims

At-fault parties in scaffolding accidents usually have liability or property insurance to pay for injuries that occur on their premises. Therefore, your scaffold injury case might start with an insurance claim. When starting a claim with the insurance carrier, you may have to submit a statement regarding the accident and your losses and give evidence to prove your right to compensation.

When talking to an insurance company, you should have an experienced Bronx scaffolding injury attorney representing you. Insurance companies can be very clever about finding unfair ways to deny coverage. A knowledgeable attorney can help you avoid traps and stand your ground against the carrier.

At some point, an insurance carrier might offer you money to settle your claim. Our experienced legal team can help ensure you don’t accept an insufficient offer. If you don’t receive an adequate offer, we can take your case to court.

Civil Lawsuits

An injured party who can’t come to an agreement with an insurance carrier may want to start a civil lawsuit to recover damages. A lawsuit might inspire the insurance company to negotiate a better settlement with you. If you cannot settle during the beginning stages of your lawsuit, you can present your evidence and arguments to the civil court and let it decide what damages the at-fault party must pay you.

To start your lawsuit, you must file a complaint with the court and serve the at-fault party with your complaint and a summons. After serving the summons and complaint, you and the at-fault party will gather and share evidence before presenting your proof and arguments during a trial.

Our attorneys are with you every step of the way in an accident claim. We can obtain the needed evidence and make the best arguments on your behalf.

Time Limits for Accident Claims

Typically, you only have three years to sue after a scaffolding accident, so you must use your time wisely. Before suing in court, you might need to do the following:

  • Try to come to an agreement with the at-fault party’s insurer,
  • Receive enough medical attention to understand the extent of your long-term healthcare needs,
  • Compile information regarding all your property losses and repair or replacement costs, and
  • Receive enough medical examination to understand the extent of any permanent impairments.

At Greenspan & Greenspan Injury Lawyers, we can time your case properly to ensure that your claims are filed in a timely manner and that you receive the maximum amount of damages available.

Work with the Best Bronx Scaffolding Accident Attorneys

The team at Greenspan & Greenspan Injury Lawyers is award-winning and highly experienced at providing comprehensive care to every injury victim who seeks our help. We can handle all issues, big and small, that might come your way when you are healing from an accident. Talk to a top Bronx scaffolding accident lawyer right away by calling us or contacting us online today.