What Types of Damages Can You Recover in a New York Construction Accident Lawsuit?
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Construction sites are among the most dangerous workplaces in New York. Despite strict safety regulations, accidents still happen, often resulting in severe injuries or even fatalities. If you’ve been injured in a construction accident, you may be entitled to compensation through a personal injury lawsuit against the building owner, contractor, or a negligent third party. Understanding the types of damages available can help you seek the full amount you deserve. If you or a loved one has been hurt in a ladder fall, scaffold collapse, or other type of construction accident in New York, contact Leandros A. Vrionedes, P.C., to speak with an experienced and successful New York construction accident lawyer.
Economic Damages
Economic damages, also known as compensatory damages, are meant to cover the financial losses directly resulting from your injury. These include, for example:
- Medical Expenses – This broad category includes hospital bills, surgeries, prescription medications, rehabilitation, physical therapy, and any future medical treatment related to your injury.
- Lost Wages – If your injury prevents you from working, you may recover compensation for lost income, including wages you’ve already missed and future earning potential if you are unable to return to work in the same capacity.
- Out-of-Pocket Costs – Expenses such as transportation to medical appointments, home modifications, or assistive devices like wheelchairs can also be included in economic damages.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological impact of your injuries. These can be significant, especially in cases of catastrophic injuries, and are often greater than the economic damages incurred.
- Pain and Suffering – Compensation for physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life – If your injuries prevent you from engaging in activities you once enjoyed, you may be eligible for damages.
- Loss of Consortium – If your injuries affect your ability to maintain relationships with your spouse or family, compensation may be awarded.
Punitive Damages
In some cases, punitive damages may be appropriate in a construction accident lawsuit. These damages are not meant to compensate the victim but rather to punish particularly reckless or egregious behavior by the defendant. For example, if a construction company or contractor willfully ignored safety regulations, leading to your injury, punitive damages might be awarded.
Workers’ Compensation vs. Personal Injury Lawsuits
If you were injured while working on a construction site, you might be eligible for workers’ compensation benefits, which cover medical expenses and a portion (two-thirds) of lost wages. However, workers’ compensation does not provide compensation for pain and suffering.
A personal injury lawsuit, on the other hand, allows you to recover both economic and non-economic damages. If a third party, such as a negligent contractor, equipment manufacturer, or property owner, played a role in your accident, you may be able to pursue a third-party personal injury claim in addition to workers’ compensation.
Also, New York Labor Law holds property owners and contractors liable to construction workers outside of workers’ compensation for general negligence or violating a construction rule or regulation in the New York Industrial Code. Owners and contractors are also absolutely liable for harm caused in elevation or gravity-related accidents when they did not provide the necessary safety gear or equipment.
How an Experienced New York Construction Accident Attorney Can Help
Navigating a construction accident claim can be complex, especially when multiple parties or factual disputes are involved. An experienced attorney can help you determine your eligibility for different types of damages, gather evidence, negotiate with insurance companies, and advocate for the maximum compensation you deserve.
If you or a loved one has been injured in a construction accident in New York, Leandros A. Vrionedes, P.C., is here to help. Contact us today for a free consultation to discuss your case and explore your legal options.