New York Construction Accident & Safety News

A court case can be a harrowing experience. There is the acrimony of taking the witness stand and being put under pressure and there is the strain that a court case can put upon your family. Hiring the right lawyer can be crucial to how you will be recompensed.

The following people hired the right lawyers. You should too.

Medical Malpractice Verdicts

In one of the largest medical malpractice verdicts in U.S. history, a Florida jury awarded $216.7 million to a Tampa man left brain-injured and disabled after emergency room personnel misdiagnosed a stroke as a headache. The award included more than $100 million in punitive damages. The verdict is the nation’s largest medical malpractice verdict so far this year, the third largest in U.S. history and the largest in Florida history, according to attorneys for the family.

In what is being called the biggest personal-injury verdict in state history, a Middlesex County jury awarded nearly $40 million to the family of a Dracut boy born with severe brain damage in 1996 after a traumatic delivery at a Lowell hospital. After deliberating for about 6 1/2 hours, the jury found Dr. Jacqueline Halladay, an obstetrician and gynecologist, negligent for having waited more than five hours to deliver the baby, Philip Antonelli Jr., in a caesarean section, despite signs of severe fetal distress. (2005 Case)

Personal Injury Verdicts

An appeals court in California upheld an earlier jury verdict of $82.6 million to a woman who was paralyzed as a result of a defective design in a Ford automobile. The ruling surprised legal experts because the U.S. Supreme Court had ordered a reconsideration of the previous ruling in light of the reasoning from previous Supreme Court case Philip Morris USA v. Williams, which ruled that jurors cannot punish a defendant for harm to third parties when determining punitive damages. The new ruling upholding the previous award did not, in the appellate judge’s opinion, punish Ford for injuries to third parties, but rather upheld the ruling highlighting the repeated nature of Ford’s action. $55 million of the $82.6 million total were punitive damages.

Stella Liebeck, 79 years old, was sitting in the passenger seat of her grandson’s car having purchased a cup of McDonald’s coffee. After the car stopped, she tried to hold the cup securely between her knees while removing the lid. However, the cup tipped over, pouring scalding hot coffee onto her. She received third-degree burns over 16 percent of her body, necessitating hospitalization for eight days, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years. Despite these extensive injuries, she offered to settle with McDonald’s for $20,000. However, McDonald’s refused to settle. The jury awarded Liebeck $200,000 in compensatory damages — reduced to $160,000 because the jury found her 20 percent at fault — and $2.7 million in punitive damages for McDonald’s callous conduct. (To put this in perspective, McDonald’s revenue from coffee sales alone is in excess of $1.3 million a day.) The trial judge reduced the punitive damages to $480,000.

Construction Accident Verdicts

A New York, NY jury granted $10.7 million to Rupert Natoo, a construction worker who claimed that he sustained a brain injury in a 10-foot fall from a ladder. Natoo alleged that the fall caused brain damage that has caused him to require constant supervision and assistance. Natoo claimed that he now has severe attention, concentration, cognitive function and memory problems. The jury found awarded $10,778,184 to Natoo, plus an additional $300,000 to his wife.

A 32-year-old construction worker from the Dominican Republic was awarded a $3.3 million settlement after he fell from a scaffold that was missing important safety devices. The man broke numerous bones, causing complications to his sickle-cell anemia and sexual dysfunction. His New York construction accident claim ensured that he and his family were taken care of for life.

Bizarre Verdicts

A Chicago area woman was struck in the head by an errant golf ball while gardening in her back yard and is suing the golf course and the golfer who allegedly hit the ball. According to legal documents, Lillian Demo is seeking more than $100,000 in damages for unspecified injuries sustained after being struck by golfer Raymond Kinney’s ball. Demo’s lawsuit alleges that Kinney failed to properly aim and execute his swing, failed to warn her that the ball was heading her way, and failed to exercise reasonable care for the health and safety of others. Demo lives just south of St. Andrews Golf & Country Club.

A Michigan woman has sued Starburst’s parent company, Mars Inc., maker of the fruit chews candy, claiming that the candies are so chewy that they should come with a warning label. Victoria McArthur of Romeo, Michigan is seeking more than $25,000 in damages for “permanent personal injuries” she allegedly suffered after chewing on Starburst’s yellow candy. McArthur claims that after about three chews her jaw literally locked and was pulled out of joint. As a result, she claims she now suffers from a condition known as temporal mandibular joint dysfunction, more commonly referred to as TMJ, which allegedly causes trouble chewing, talking and sleeping. (Source: FoxNews.com)

“Slow for the Cone Zone” is the theme of the ninth annual National Work Zone Awareness Week, which starts today and will be observed through April 11. A press conference and general media event will take place Tuesday, April 8, at 11:00 a.m. PST on the west steps of the State Capitol in Sacramento, Calif., marking the first time in the Week’s history that the national kickoff will take place outside of the Washington, D.C. area.

According to the Federal Highway Administration, the annual number of people killed in motor vehicle crashes in work zones over the last decade has increased 45 percent (up to 1,010 in 2006). On average, from 2002 to 2006, about 15 percent of the fatalities resulting from crashes in work zones were pedestrians, including workers and bicyclists.

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The New York Times reported on Nick Cianciotta’s close call with a glass panel falling from the 27th floor of a New York high-rise building. The continuous high-rise construction in Manhattan is started to be described as “close calls and luck.”

Around 10:30 a.m., Mr. Cianciotta, 58, realizing he had to feed his van’s parking meter, started walking toward it, and was about 100 feet away when he heard a loud crash. A large piece of a 4-by-8-foot panel of glass had fallen from a window on the 27th floor, hit an elevated sidewalk bridge below and smashed into his van. Shards of the 300-pound quarter-inch-thick panel sprayed as far as 100 feet away.

Apparently, falling window panels and other debris are common in the Manhattan area. So common in fact, that many people wonder how there hasn’t been a devastating accident yet.

New York City ordered broad changes on Tuesday to the way it inspects and regulates tower cranes, in the wake of a crane collapse that killed seven people on the East Side of Manhattan.

Investigators believe that the accident, on March 15, occurred as workers high on the 22-story crane were installing steel bracing to stabilize it so that additional sections could be added to make the crane taller, a process known as “jumping” the crane. The new regulations focused on that process.

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The construction industry is a uniquely dangerous one. The city of New York has an incredible number of ongoing construction projects, employing an enormous amount of construction workers. According to city statistics, construction workers are much more likely to be injured or killed on the job than any other profession, including police officers. For instance, there were almost 1,200 deaths reported in this industry in 2005, alone. The numbers for 2006 and 2007 are even higher and these numbers do not reflect the number of injuries sustained on the job.

The sheer number of injuries sustained by construction workers in New York is staggering. Part of this is because of the large number of construction projects that are unsafe; the other part is due to simple numbers. No matter how you cut it, though, there is a huge need for legal representation for this type of case in the city.

Why do you need legal representation if you have been injured in a construction accident? Will worker’s compensation insurance not cover every all applicable areas? In many cases, the answer is “no.” In other cases, your worker’s compensation payments might not be enough to cover your needs, worker’s compensation insurance might not be available or your injury might be neglected by the contractor.

If you have sustained a construction site related injury, you are not limited to recompense solely from worker’s compensation alone. You may be entitled to damages from the contractor, the property owner or the management company. Who pays your damages is dependent on whose fault the accident is found to be. If the contractor is responsible due to a lack of safety equipment provided, your lawyer will seek damages from them. If the worksite itself is found to be unsafe, the management company and/or the owner can be held liable. The complexity of this area of law necessitates the need for skilled legal representation.

In short, only a legal expert can successfully navigate all the ins and outs related to this type of case and get you the money that you need. In many cases, you can attain greater compensation even if you are already receiving worker’s compensation benefits. If it is found that other parties can be held to blame for your accident, you can even get compensation for future time out of work due to your injuries, as well as the monies required to pay for your existing doctor’s bills, hospital bills and physical therapy.

If you have been injured in a construction accident, it is highly recommended that you seek appropriate legal representation. Do not let the industry fool you into thinking that you have already received maximum benefits or that your injury is not worth going to court. Your well being, your health and your future financial situation depend on the decision you make to seek or not to seek legal representation and continue your construction injury case with the court system in New York.

If you have been injured in a construction accident, you might wonder if your injury is even eligible for representation by an attorney. You may have been informed (incorrectly) that your injury is not worth going to court for, or that meager worker’s compensation payments are the most that you can hope to attain. Do not be fooled by these inaccuracies; personal injury is one of the most often represented forms of court case and construction injuries of all types are represented on a regular basis.

The city of New York has a very high incidence of injury in construction workers. The numbers are actually quite staggering. Many of those injured, however, never seek more than what their company tells them they are allowed. Understanding that a company will seek to limit the monies paid is the first step towards getting the best settlement for you. No matter what company or contractor you work for, their first priority is protecting their assets and their bottom line. Your best interests are not always the same as theirs.

So, what types of construction injuries are covered by attorneys? What are most lawyers willing to represent? Below you’ll find some of the most common types of injuries, though the list is by no means complete.

Welding Accidents: Welders are often injured due to faulty machines and other accidents. Whether you have been burned or injured in another way, you can find substantial representation for your case.

Falls from Roofs: Falling from a roof is one of the most common forms of construction accident, both in New York and throughout the rest of the nation. If proper safety equipment is not provided and comprehensive safety regulations followed, you can find yourself badly injured. This is another area that sees frequent court representation.

Falling Objects/Debris: Whether it is a hammer, lumber or something much heavier like a circular saw, falling objects constitute a grave danger on the construction site. Workers injured in this manner frequently have not been provided with effective safety equipment and are eligible for personal injury damages beyond worker’s compensation.

Vehicular Accidents: Whether you have been injured by a forklift, a crane or a work truck, the construction company may be at fault. Often, unlicensed individuals are entrusted to operate this machinery, resulting in accidents and fatalities. In a case such as this, the construction management company may be found at fault.

Lack of Safety Equipment: Whether it is a lack of safety lines for rooftop working or a lack of supplied hard hats, this constitutes a serious error on the part of the company and is eligible for legal representation. If you have been injured because you lack the proper safety gear, you can find essential legal representation for your case.

There are a number of other types of cases and types of accidents. Each case will be evaluated and an accident expert will determine your chances for success in court. Most construction site accidents are eligible for more than worker’s compensation payments.

In a city the size of New York, with the number ongoing construction projects, unsafe buildings are almost unavoidable. No matter how much you contemplate your safety, no matter how many precautions you take on these types of job sites, accidents can and will happen. When an accident occurs due to the negligence of the construction management company or the building management company, though, it becomes a matter for personal injury law.

An unsafe building accident can take many forms. Falling masonry, heavy equipment, unlicensed machinery operators all take their toll, just to name a few. These accidents may seem unavoidable, but if the proper safety procedures had been in place, the proper safety gear provided and the right safety training given, the accident would very likely not have occurred.

Every year in New York, thousands of construction workers are injured in an unsafe building accident. Whether it is on a new building construction project or renovating an older building, these accidents take their toll both in terms of lost pay through time out of work and an inordinate number of deaths.

If you have been injured in an unsafe building accident, or lost a loved one in a building accident, contacting a personal injury attorney or a wrongful death lawyer is the best option for you. While there is no longer a statute of limitations on wrongful death in New York, personal injury is another story. You have only 3 years to file a claim for this type of injury, so speed is of the essence.

What can you hope to gain from such a law suit, though? Many things can be done through legal channels. For starters, you can be compensated for your time out of work, your doctor’s bills and any pain and suffering you experienced. In addition, many courts will levy heavy restrictions, fines and other sanctions against the responsible company. Whether the responsible party is your contractor, the building management company or the property owner, these sanctions will help ensure that others are not harmed in the same manner.

If the injury resulted in death, a wrongful death lawsuit can help your family recover from the loss of a provider. New York law will take into account the amount of money your loved one would have brought in over the course of the rest of their life, the amount of money they stood to gain through raises and other benefits and compensate your family accordingly.

Finding a skilled and experienced personal injury lawyer is the best way to begin the road towards compensation. Most personal injury law firms will not charge you any fees until your case is won. Once the case is won, they will receive a percentage of your winnings, usually around 15%. In addition, if you do not win your case for some reason, you will owe the law firm nothing. Do not allow your personal injury to go uncompensated; using a skilled law firm can help you get the money that you need.