Roofing Accident in New York
Roofing Accident in New York
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Roofing Accident in New York
Roofing accidents are quite common in New York. These accidents have led to serious injuries and death. To put things into perspective, in late spring 2022, a construction worker fell from the rooftop of an education center and summer resort. The worker was pronounced dead on the spot. Later in the summer of the same year, a New York-based construction company was sued after a second death by fall in three years.
According to OSHA, an employee of the construction company fell from the roof of a three-story building in Spring Valley in February 2022. A year earlier, another company employee fell at a construction company at Kiamesha Lake. And these are just some of the few cases that made it to the news.
If you or your loved one is a roofing accident victim in New York, Morgan & Morgan can help fight for the compensation you need and deserve. To get started with the claims process, fill out our free case evaluation form.
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What Are Some Causes of Roofing Accidents in New York?
Some roofing accidents may be unavoidable, while others occur due to negligence. For example, bad weather conditions can cause roof damage, but there is little construction companies can do to prevent such weather. That said, these companies are responsible for protecting their workers even during bad weather. For example, roofing contractors should not require their workers to work in extreme weather conditions that could increase their risks of injury.
Roofing companies are also responsible for ensuring that their contractors are well-protected before taking on any roofing project. This includes but is not limited to providing roof safety gear and easier and safer access through ramps, handrails, walkways, and stairways.
These companies are also responsible for training their workers about roof safety before assigning them any roofing project. In fact, the Occupational Safety and Health Administration requires construction companies to not only train workers about the dangers and how to prevent them but also do so in a language they can understand.
What Damages Can I Recover After a Roofing Accident in New York?
The kind of damages you may be able to recover will depend on the unique circumstances of your case. It is important to note that New York laws require construction companies, contractors, and other parties involved in these projects to provide safety in their work environments. Failure to adhere to this rule could lead to fines, lawsuits, and other penalties.
In the past, victims of roofing accidents in New York have recovered general and special damages. Special damages include medical expenses, lost income, and lost earning potential. They may also include the cost of transportation to medical appointments, hiring a caregiver, and signing up for rehabilitative services such as physical therapy.
General damages include pain and suffering, permanent disfigurement, loss of consortium, etc. In the unfortunate event that someone dies due to a roofing accident, their spouse or relatives might be entitled to workers' compensation benefits, that is, if the accident occurred at work.
They may also be able to file a wrongful death lawsuit if established that a negligent third party caused the accident. For instance, suppose the accident occurred due to faulty safety equipment. In that case, the deceased's family members might be able to file a wrongful death claim against the negligent product manufacturer.
It is also important to note that you can file a workers' compensation claim if you got injured while at work and another separate lawsuit if the injury stemmed from a third party's negligence. This strategy allows you to collect damages from two sources.
The bottom line is that the damages you may recover will depend on the unique circumstance of your case. Contact an experienced personal injury attorney to determine the best legal pathway to pursue if you or your loved one has been injured in a roofing accident.
How Long Do I Have to File a Roofing Accident Lawsuit in New York?
In New York, you have three years from the date of the injury to file a lawsuit against the other party. If you fail to sue within the first three years of the accident, you will lose your right to see legal action.
Can I Settle a Roofing Accident Claim Without an Attorney?
Yes, you can. No law requires you to hire an attorney to settle the claim with the liable party. However, before you do so, consider the pros and cons.
When you get injured in a roofing accident, and there is little or no doubt that the defendant is at fault, they may want to settle the case out of court. First, this is because court processes are expenses. Secondly, taking such a case to court is bad PR for the construction company. For this reason, they will likely offer a tempting out-of-court settlement to close the case and make it disappear.
That said, most people only realize the importance of working with an attorney when it is too late. For example, you should not rely on insurance companies to offer a settlement that reflects the true value of your case. Rather, these companies will first try to lowball you, and since you do not have a clearer picture of how much your case is worth, you may end up accepting the offer.
Also, keep in mind that the case ends when you sign the release of settlement agreement. After that, there is nothing (or very little) an attorney can do for you. For this reason, it is always advisable to hire an attorney to handle your case from the initial consultation down to the settlement.
The attorney can help evaluate the actual value of your case. Other than that, an experienced roofing accident lawyer can also:
- Collect critical evidence to support your case
- Identify all the parties responsible for your injuries
- Devise strategies to maximize your claim
- Fill out important paperwork on your behalf
- Ensure that you keep up with crucial deadlines
- Advice you on the dos and don'ts of handling such a case
- File a claim against the liable party
- Represent you during the settlement negotiations
- File a lawsuit on your behalf if the other party refuses to settle
- Prepare you for complex court processes
- Represent you throughout the hearing, arguing the case on your behalf
What Should I Look for in a Roofing Accident Attorney?
New York is home to numerous law firms and attorneys. So if you are looking for a lawyer to represent you in your case, you will not run out of options. Unfortunately, however, not every attorney or law firm you encounter in New York has what it takes to fight for you.
When pursuing compensation against a construction company, a roofing equipment manufacturer, or any other big entity, you need someone with powerful resources to fight for you. A lack of powerful resources could lead to shoddy investigations.
Even though you may win the case, the settlement might not reflect the actual value of your case. This is because roofing accidents are complicated. Even the fact that your employer has worker's compensation insurance does not necessarily mean that the insurer will process your claim without asking questions. If anything, they will try to come up with reasons to blame you for the accident or reduce the value of your claim.
You also need a firm or lawyer with a solid history of winning huge settlements. This is very important because when a firm or attorney has experience winning huge settlements, they will not be tempted to accept any offer.
Remember that many law firms and attorneys in New York are trying to set their feet out of the door by winning a case and growing their experience. Do not let them use your case as an experiment. Likewise, do not let them use your case to increase their winning record if the settlement does not reflect the true value of your case.
The only way to prevent this is to hire an attorney or firm that has previously handled such huge settlements. For example, at Morgan & Morgan, we have helped our clients win over $15 billion as compensation for various cases so far.
With such a track record, you can rest assured that our attorneys will not settle for anything just to boost their winning records. Rather, they will fight to ensure they receive the settlement you deserve because true victory is when you are fully compensated for your losses.
Why Should I Hire a Morgan & Morgan Roofing Accident Lawyer?
As mentioned, many law firms and attorneys in New York provide legal representation for individuals injured or even killed due to roofing accidents. However, Morgan & Morgan stands out, and here's why:
Morgan & Morgan is the nation's largest personal injury law firm. This alone is a good reason to work with our attorneys because insurance companies know we do not settle for less. When you work with just any law firm you come across, the other party will likely not take your case seriously compared to when you hire an attorney from the largest injury law firm in the country.
We also boast some of the most powerful legal resources in the injury field. With an army of over 800 attorneys, you can rest assured that your case is in the right hands.
One advantage of hiring a firm or attorney with powerful resources is that they can afford to conduct thorough investigations and build a strong case on your behalf. For example, suppose the accident occurred due to a defective product. In that case, you may need a product liability attorney to fight for you.
But what happens if the accident also occurred while you were at work? That means you may also be eligible for worker's compensation benefits. But you should not expect the worker's compensation insurance provider to process your claim without questions.
So if they begin playing games with your claim, you will also need someone experienced in workers' compensation benefits to work with the product liability attorney. Rather than hire two attorneys from separate law firms to represent you, Morgan & Morgan offers all these attorneys under one roof. They will collaborate to build a strong case for you and fight for the compensation you are entitled to.
Morgan & Morgan needs no introduction to the world of personal injury litigation. To put things into perspective, our firm has over 28,000 5-star reviews on Google, a true reflection of our reputation in this field.
Most importantly, our attorneys are never afraid of going to court if the other party refuses to settle. We believe in fighting till the end and exploring every legal avenue to recover damages for our clients. So if taking the case to court is the only option, we will do that.
Injured in a Roofing Accident in New York? We Can Fight for You!
Do not suffer in silence due to injuries caused by someone else's negligence. Morgan & Morgan roofing accident lawyers can fight for you, ensuring you receive the compensation you need and deserve. All you need to do is fill out our free case evaluation form. One of our legal representatives will review your case to establish whether you may have legal grounds to file a claim or lawsuit against the responsible party.