Managing Partner
Being in a construction site accident could leave a worker sidelined for weeks or months. They will incur medical bills, lose substantial income, and suffer other losses. They may have the right to file a construction accident lawsuit, but will need strong evidence to do so.
Understanding the evidence you will need is the first step to claiming compensation. Having the right legal experience on your side will also help. Count on the Long Island personal injury team at Dell & Dean, PLLC to guide you.
Why You Need Compelling Evidence
Plaintiffs in personal injury lawsuits, including construction site accidents, bear the burden of proof. In other words, it’s up to them to establish the elements of a New York personal injury claim (duty, breach, causation, and damages). They need evidence to accomplish this.
The court is not responsible for coming up with this evidence. You and your lawyer will need to obtain it, sometimes informally and sometimes more formally through the discovery process. Without strong evidence you will not prevail in court.
But good evidence can also help construction site victims avoid trial. If it’s clear, for example, that a negligent property owner allowed conditions that caused your injury, their lawyer and insurance company may wish to settle. That will avoid the time and hassle of a trial.
The Evidence That Will Help You
Long Island construction site accidents are often complex because there are many individuals and entities who could be held liable. Property owners, contractors, and even equipment manufacturers are all potentially responsible. These are examples of evidence you should have:
- Incident reports: After an accident, file a written incident report with your employer that includes the time, location, and other details about what happened. Once you file this, get a copy of it.
- Medical records: Document every aspect of your medical treatment including hospital bills, doctors’ notes, and prescription medications. Medical expenses are a significant category of construction accident damages so you need to be comprehensive.
- Insurance information: Organize any insurance claims you file or correspondence you receive from any insurers. However, in general, you should not communicate with any insurance companies before talking to a Long Island accident attorney.
- Pictures and videos: Take pictures and record videos of the accident scene, including any problems with machinery or property hazards. Do the same for your injuries.
- Witness statements: If there were any eyewitnesses to the accident, get their names and contact information. Witness statements can provide powerful, independent corroboration of the basic facts about your case.
- Expert witness opinions: Expert witnesses are individuals with highly technical or specialized knowledge. Some expert witnesses such as safety experts or engineers provide useful testimony in support of construction accident victims.
- Safety records and regulations: These include inspection records, previous accident reports, and similar documents related to the parties involved in the accident. Relevant OSHA regulations will also prove helpful.
Our Role in Gathering and Using the Evidence
Retaining a knowledgeable Long Island construction accident attorney early is the best way to obtain the evidence you need. Our firm helps victims in this way by:
- Investigating the construction accident to determine which parties may be liable
- Conducting informal evidence-gathering, including interviewing witnesses
- Using the more formal means of discovery if and when a lawsuit is filed
- Responding to discovery requests that you receive as the plaintiff
- Using the evidence acquired to negotiate on your behalf during mediation
- Applying the rules of evidence to admit exhibits and testimony in court if your construction accident goes to trial
Hurt On a Long Island Construction Site? It’s Time to Explore Your Legal Options
Being in a construction site accident will cause you to suffer substantial personal and financial losses. If you’re ready to explore your options for seeking compensation, reach out to Dell & Dean, PLLC. We’re here to build an evidence-based case on your behalf.
