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If you’ve been injured in a construction accident, please contact the experienced attorneys Dell & Dean, PLLC, for assistance.
The majority of construction accident cases are covered by workers’ compensation. Workers’ compensation in New York covers medical expenses, partially lost wages, and more for injured construction workers. However, depending on the circumstances, an injured construction worker may be eligible to file a third-party construction accident lawsuit for additional financial compensation. In this article, we discuss how long it takes a construction accident lawsuit to settle.
Construction Accidents and Third-Party Claims
If you have been injured in a construction accident in New York, you can’t sue your employer directly. As noted above, you may receive workers’ compensation instead. However, in some construction accident cases, there may be a negligent third-party responsible for the injury since there is often more than one business working on the same construction site. In this type of situation, you may be able to file a personal injury lawsuit against the third party responsible for your injury. Common third parties on construction sites include:
- The property owner
- Subcontractors
- The general contractor
- Equipment manufacturers
- Equipment suppliers
- Architects
- Engineers
Factors Affecting the Length of Settlement
Every personal injury lawsuit is different, and there are multiple factors affecting how long it takes a lawsuit to settle. Below are some common factors affecting the length of a construction accident lawsuit settlement.
The Extent of Your Injuries
Many construction accidents result in serious injuries, such as traumatic brain injuries and spinal cord injuries. Such injuries often require lengthy treatment plans and can delay settlement, especially if your construction accident attorney advises you to wait until you obtain maximum medical improvement before agreeing on a settlement. This is often the best course of action to ensure that you obtain maximum compensation for your injuries.
The Defendant’s Willingness to Settle
If the responsible party in your case has refused to accept liability, then this can result in a lengthy legal battle. However, if the other party accepts responsibility for the accident, then settlement often occurs relatively quickly.
Total Amount of Damages Involved
Generally, the higher the amount sought in a personal injury case, the longer it will take to settle. Defendants are often more willing to settle quickly if the amount sought is nominal. With larger figures, however, settlement is typically delayed.
The Total Number of Parties Involved
Finally, the more parties that are involved in your case, the longer it typically takes to settle. When multiple parties are involved in a case, there may be multiple insurance claims with which to contend, and the parties often differ in their level of respective responsibility for your injuries.
Contact Our Long Island & New York Construction Accident Attorneys
If you or a loved one have been injured in a construction accident in New York, the distinguished law firm of Dell & Dean, PLLC, is here to help. Our experienced New York construction accident attorneys are highly experienced in providing legal assistance to construction accident victims and their families. Please contact us today to schedule a free initial consultation with a knowledgeable New York construction accident attorney.
Dell & Dean, PLLC, represents clients throughout Nassau County, Suffolk County, and Garden City on Long Island, as well as the boroughs of New York: Queens, Brooklyn, Staten Island, Manhattan, and the Bronx.
