Should People Be Scared To Go Up Against Big Companies?
This is essentially what we do and this is what we have been doing for a long time. Even though it would be one individual against a corporation, sometimes a huge, very wealthy corporation, we would be the ones who would fund the expenses and disbursements in bringing a lawsuit.
These expenses can be pretty significant besides the court costs of filing lawsuits, conducting depositions and making appearances before the courts. Most of the expenses, or some of the biggest expenses, are involved with obtaining expert witnesses.
Expert witnesses play a very big part of these types of lawsuits, and they can include people who could do investigations and give us opinions about how an accident occurred even though the party may not have known what happened or even if someone died as a result of an accident.
We would fund the experts who do the investigations and who give us the opinions about whose fault the accident was. This would also go for medical experts, doctors and other types of experts who would help us to assess what the damages were, what medical treatment was necessary and what treatments would be necessary in the future in regards to any particular case.
This is what we do at Tracy, Stilwell & Parrinello, and because of the kind of experience we have in construction cases, we have a slew of people who are highly qualified to give us opinions and become our witnesses in these types of cases.
You Need To Have An Experienced Attorney With Construction Accident Claims
Construction accident cases can be quite complex and any one individual could not possibly know all the intricacies of bringing a lawsuit. It is just not something anyone could learn in a classroom or at a seminar for lawyers or law students.
The experience necessary in bringing these cases comes from years and actually decades of handling cases like this. It comes from handling cases from both sides, meaning defending cases and also from prosecuting the cases on behalf of the injured party.
As far as workplace accidents, our firm knows the strengths and weaknesses of every case and we prepare every case as if it would be going to trial.
We obtain our experts and also in this day and age, we do a lot as far as computer animations and having other demonstrative evidence available to show a jury how an accident happened and what the effects are and what the injuries are.
We prepare each case as if it was going to trial, but with our years of experience, we know when to settle and when to get the maximum results for our clients.
These Cases Can Take A While To Be Resolved Depending On Various Factors
The time taken to resolve these cases has actually improved over the last decade because the courts have gotten a lot better at moving their calendars.
A lot would still depend on the circumstances. It would depend on where the accident happened, who were the parties involved and whether the parties were municipal parties or governmental parties because the case would take longer under those circumstances.
It would generally take 3 or 4 months before we could resolve who were the proper parties who were obligated or responsible for a particular accident. It would also generally take several months for their insurance companies to be identified and to get the information they needed to evaluate the case.
It would be rare for a construction accident or a serious construction accident case to be resolved within 6 months or a year. Generally, after a lawsuit had been filed, there would be a fairly long discovery process where both sides would be able to take depositions and obtain documentations in order to fully evaluate and understand the details of the case.
Here in New York and in the boroughs where we practice, it would generally take about 3 or 4 years from the time of the accident till the case reached trial or got resolved.
OSHA And The Role They Play In Personal Injury Accident Claims In Construction Accidents
Unfortunately in New York, OSHA does not play a big enough role as one would hope and expect. OSHA is essentially a federal regulatory agency whose responsibility it is to make sure that all factories and construction sites are safe for workers, and of course they issue and publish construction standards, they help make the construction sites safer.
When their safety regulations are violated, they have investigators and inspectors who can punish contractors and other entities who are responsible, through fines or otherwise. They can also investigate the more serious cases which generally involve death.
The OSHA regulations are not predicates for proving liability in New York construction cases. This means that just because an OSHA regulation had been violated, would not make a contractor, an owner or anyone else responsible for an injury or an accident.
According to the law in New York, the Department of Labor also publishes regulations and those regulations would be predicate if they were specific to the type of accident. This means there would be an inference or an assumption that the injured party would automatically have a claim if that regulation was violated. Unfortunately, OSHA has not reached that level in New York.
For more information on How To Take On Big Companies For Personal Injuries, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (718) 720-7000 today.