Scaffolding in a construction site can reach great and dangerous heights. If you have fallen from scaffolding or suffered an injury from a scaffolding accident, you may be able to receive compensation for your pain and losses from an at-fault party. You will likely have to fight for your right to recover payment, but Greenspan & Greenspan Injury Lawyers can do the fighting for you. We have decades of experience and can provide you with the best Peekskill scaffolding accident lawyer for your case.

The Dangers of Scaffolding

Scaffolding looks dangerous, and it is. With scaffolding, catastrophic injuries can occur from the following:

• Falls due to lack of proper planking or support,
• Items dropped or falling from scaffolding striking individuals below, or
• A lack of fall protection.

Victims in scaffolding accidents may suffer broken bones, serious cuts, internal injuries, and even fatal harm. Injuries from scaffolding accidents might also cause significant mental and emotional trauma and a series of financial losses.

There are several regulations and legal principles that dictate how to make scaffolding safe, such as:

• Making sure the scaffolding can carry a certain amount of weight,
• Ensuring that the flooring of the scaffolding is secure,
• Properly warning occupants about hazards, and
• Ensuring a qualified individual designs the scaffolding.

A party who fails to comply with applicable standards must pay for the harm they cause others. Each Peekskill scaffolding accident attorney from Greenspan & Greenspan Injury Lawyers understands scaffolding safety laws and how to maximize your damages in a scaffolding injury claim.

Who Is Responsible for My Scaffolding Accident Injuries?

You may have a claim against the owner of the scaffolded property or the contractors who erected or are using the scaffolding if:

• You plummet from scaffolding,
• Something falls on you from scaffolding, or
• You are otherwise injured because of scaffolding.

Whoever is at fault or responsible for your injuries will likely have liability insurance to handle and pay for claims. A Peekskill scaffold accident attorney from our firm can help you quickly identify the party that should be held accountable for your claim.

What Damages Can I Recover After a Scaffolding Accident?

An at-fault party in a scaffolding accident can address the harm they have caused you by paying you damages. The types of damages you can recover in a scaffolding accident can include:

• Compensation for your financial losses, including medical expenses, wage and earning capacity loss, property repair and replacement costs, and out-of-pocket expenses;
• Payment for your pain and suffering; and
• Punitive damages to penalize an at-fault party who engaged in especially egregious behavior.

The at-fault party or their insurance carrier may use many tactics to try to reduce or deny your recovery. We recommend contacting a Peekskill scaffolding injury attorney right away. Our experienced team can use the strategies necessary to ensure that an at-fault party pays for all the damages they owe you.

Seeking Compensation in an Insurance Claim

In many cases, the first step to obtaining compensation in a scaffold accident claim is to file a claim with the at-fault party’s insurance company. You will likely have to give the insurer a statement about the circumstances of your accident and present them with evidence of your injuries and losses.

Presenting your claim to an insurer should be done with the help of an experienced attorney. Having an attorney by your side while you interact with the insurance company can prevent it from finding loopholes in your case or arguments for denying payment. If an insurer denies responsibility or refuses to pay all the damages you deserve, you may want to move on to a civil lawsuit.

Seeking Compensation in a Lawsuit

Some scaffolding accident victims choose to litigate their claims against an at-fault party. They may do so because they had an unsatisfactory interaction with an insurer or because a lawsuit is their best option for recovering damages.

A lawsuit typically begins with filing a complaint with the civil court. You must then serve your complaint and a summons on the at-fault party. When serving your paperwork, you might have to hire someone to deliver it to the actual party, their attorney, or their registered agent. With an experienced Peekskill scaffolding injury attorney from our firm at the helm, you don’t have to worry about these details. We can properly file and serve your complaint to get your case started.

After starting your complaint, you and the at-fault party may have to engage in discovery to collect and present your evidence to the court for a determination. Proof of your right to damages might include the following:

• Receipts and invoices,
• Medical reports,
• Wage and employment records,
• Photos,
• Accident reports,
• Recordings, and
• Witness testimony.

At Greenspan & Greenspan Injury Lawyers, we have sophisticated legal skills to obtain the best evidence for your case. We can also make the best arguments on your behalf in the courtroom or during any negotiation related to your case.

How Long Do I Have to Start My Claim?

In New York, you typically have three years to file a personal injury lawsuit after suffering a scaffolding injury. You might be barred from ever seeking compensation if you miss this deadline.

If you suffer any injury or financial losses after a scaffolding accident, you shouldn’t file your lawsuit until you have a reasonable understanding of the extent of your injuries or losses. Depending on the circumstances of your case, you might need to receive a significant amount of treatment and evaluation from professionals to estimate your present and future needs before you sue. A Peekskill scaffolding accident lawyer from our firm can help you time your case perfectly and obtain as much compensation as possible.

Greenspan & Greenspan Injury Lawyers Can Protect You

Greenspan & Greenspan Injury Lawyers has been protecting the people of New York since 1959. We also have received top honors for our legal services. We take care of every detail of our clients’ cases so they can take time to heal, and we are here for you. If you need help, please contact us online or call us to schedule a free case evaluation.

 

Resource List

• Scaffolding, Occupational Safety and Health Administration, link.