New York City is never still. Steel rises over Manhattan blocks, cranes swing above Brooklyn avenues, and renovation crews work behind sidewalk sheds in every borough. Construction keeps the city moving forward, but it also puts workers and the public at risk every single day. Workers injured in construction accidents need compensation for medical bills, lost income, and other losses. A lawsuit is one way to secure this compensation.
If and when a construction worker files a lawsuit, expert witnesses may serve a critical role in the case. Those witnesses may testify about the cause of the accident, provide medical insights, and even reconstruct the circumstances that led to the worker’s injuries.
The New York City construction accident lawyers at The Perecman Firm often work side by side with expert witnesses. They lend credibility to the already strong cases we compose for injured workers. Don’t wait to call The Perecman Firm or contact us online to discuss how we will seek fair compensation for your injuries and related losses.
Key Takeaways: Construction Accidents and Expert Witnesses
- Expert witnesses explain complex construction accidents in clear, credible terms.
- Their testimony helps establish fault, safety violations, and responsibility.
- Medical and vocational experts may also provide critical information about the injured worker’s injuries and work-related losses.
- Your New York City construction accident lawyer from our team will be responsible for identifying, hiring, and coordinating expert witnesses to support your case.
- Our firm will also handle every other aspect of any workers’ compensation claim or lawsuit you elect to pursue.
- Lawsuits can allow for the recovery of damages not available through workers’ compensation claims, though workers’ comp claims can also provide essential support for injured workers.
- Discuss your options and your personalized case strategy by calling The Perecman Firm or contacting us online (your free consultation is one step away).
What Is an Expert Witness?
One formal definition of an expert witness is “one who, by reason of education, training, experience, or profession, has peculiar knowledge concerning the matter of science or skill to which his or her testimony relates…”
In other words, an expert witness is a professional with specialized training, education, or experience who is qualified to provide opinions in a legal case.
Unlike fact witnesses, who testify about what they personally saw or heard, expert witnesses help interpret technical information and explain it in a way judges and juries can understand.
In construction accident lawsuits, expert witnesses often address issues such as:
- How the accident occurred from a technical standpoint
- What safety rules or industry standards applied to the work being done
- Whether those standards were violated
- How equipment, materials, or site conditions contributed to the injury
- Who might be responsible for the failures that led to the worker being harmed
- The short- and long-term impact of injuries on your health and ability to work
Construction accident cases frequently involve overlapping responsibilities among owners, contractors, and subcontractors. Experts help clarify those responsibilities and show where failures occurred.
For an expert witness to provide testimony in a case, their testimony must typically meet these criteria:
- The testimony is based on sufficient facts or data
- The testimony is the product of reliable principles and methods
- The witness has applied the principles and methods reliably to the facts of the case
Our New York City construction accident attorneys know which experts are qualified, how they might boost the odds of a case’s success, and how to leverage their insights for maximum effect.
Why Expert Witnesses Matter in Construction Accident Lawsuits
When construction workers suffer injuries, it’s rarely under simple circumstances. A series of failures may have contributed to you being harmed, and your case may require careful examination of each of those failures (not to mention resulting injuries and losses).
Expert witnesses help untangle these issues by offering objective, professional, and credible analysis. Their role may include:
- Reconstructing the sequence of events that led to the accident
- Identifying violations of New York Labor Law or Industrial Code regulations
- Evaluating whether safety devices were adequate and properly used (and how those devices may have failed)
- Explaining how alternative safety measures may have prevented the injury
- Describing the full extent of physical, emotional, and financial harm to the injured worker
At The Perecman Firm, we work with experts who understand the unique challenges of New York City construction sites, including vertical builds, confined spaces, and fast-paced projects with overlapping trades. While these scenes are typically chaotic, worker safety must always be paramount.+
Common Types of Expert Witnesses in Construction Accident Cases
Not every case requires the same type of expert, although most cases do require some type of expert. The unique facts of your case will help us determine which experts can help and how their testimony will be used.
Common expert witnesses that contribute to New York City construction accident lawsuits include:
- Construction safety experts who might analyze site conditions, supervision, and compliance with safety regulations
- Engineering experts who can evaluate structural failures, collapses, equipment malfunctions, and other hazardous events
- Accident reconstruction experts who can recreate how the accident occurred using the latest technological resources
- Medical experts who testify to the injured worker’s medical conditions, treatments, prognoses, and any long-term limitations,
- Vocational experts who may assess how injuries affect the injured worker’s ability to return to work (and the cost of professional time and skills lost to injury)
- Mental health experts who may testify about psychological and emotional trauma inflicted by the workplace accident
- Economic experts who can testify to the cost of lost income, lost future earnings, and other financial figures related to a construction accident lawsuit
Each expert contributes based on their unique knowledge, and multiple experts can significantly enhance the prospects to your case.
Who Arranges for Expert Witnesses in a Lawsuit?
Our New York City construction accident lawyers find and collaborate with experts who can be assets to our clients’ cases.
Expert testimony tends to be as effective as an attorney’s ability to leverage it. Poorly chosen or unprepared experts may even weaken a case. Conversely, a firm that knows how to select and maximize the impact of compelling experts is a powerful asset for injured construction workers. That’s what we offer at The Perecman Firm.
At The Perecman Firm, we know how to:
- Select experts who are the right fit for our construction accident cases
- Anticipate defense strategies
- Deploy experts in both an offensive and defensive capacity
- Present complex information clearly, with help from those carefully selected experts
Our experience working closely with qualified experts delivers significant benefits to the injured construction workers we represent.
Who May Be Eligible to File a Construction Accident Lawsuit?
While workers’ compensation covers most construction workers, some are also eligible to pursue a lawsuit when a third party contributes to their injuries.
You may be eligible to file a construction accident lawsuit if you are:
- A construction worker injured due to unsafe site conditions (or related issues, like defective safety equipment)
- A subcontractor hurt by another contractor’s negligence
- A worker injured by defective tools or machinery
- A pedestrian or bystander injured near a construction site
- A family member pursuing a wrongful death claim
Put simply, if you suffered an injury in any way related to a construction operation in New York City, The Perecman Firm wants to hear from you. Whether we file a lawsuit on your behalf or handle your workers’ compensation claim, we will develop a plan to secure the compensation to which you are entitled.
Third-Party Failures That Commonly Lead to Lawsuits
Employers in the construction sector get financial protection from their workers’ compensation insurance policies. An employee cannot typically sue an employer with such a policy in place. However, an injured worker may have grounds to file a lawsuit against a negligent third party.
Many construction accidents stem from preventable failures by third parties. These failures often violate New York Labor Law protections designed to keep workers safe, and some common examples of third-party negligence are:
- Failure to provide proper fall protection
- Defective eye, ear, or facial protection
- Unsafe scaffolding, ladders, or hoists
- Defective or poorly maintained equipment
- Inadequate supervision or coordination between contractors
- Violations of Industrial Code safety rules
- Failure to secure tools, debris, or materials
Expert witnesses help show why these failures occurred, who is at fault for them, and how they directly caused your injuries.
Many Workers Find Financial Support Through Workers’ Compensation Claims
Workers’ compensation and construction accident lawsuits serve different purposes and offer different forms of recovery for victims of workplace accidents. If you do not have grounds to file a third-party lawsuit and your employer has workers’ compensation insurance, we may advise that you seek compensation through a workers’ comp claim.
How a Lawyer Helps With Workers’ Compensation Claims
Workers’ compensation insurance should provide compensation for an injured construction worker, regardless of who is at fault for their injuries. However, insurance companies often dispute these claims, and having an experienced attorney represent you may prove critical to your financial recovery.
At The Perecman Firm, we help construction workers with their workers’ comp claims by:
- Ensuring medical documentation is complete and accurate
- Calculating all other covered losses (including lost income)
- Challenging improper denials or benefit reductions
- Fighting for a fair settlement
- Representing you at hearings when disputes arise
Our involvement helps protect your benefits while we evaluate whether a lawsuit is also appropriate.
How a Lawyer Helps With Construction Accident Lawsuits
Should a construction accident lawsuit be on the table for you, our legal team will serve as your tireless advocates throughout the legal process.
When a lawsuit is possible, our role tends to expand significantly. We conduct detailed investigations and build cases designed to withstand intense scrutiny from insurers and opposing attorneys, who may both be heavily involved in your lawsuit.
Our work in injured workers’ lawsuits often includes:
- Inspecting job sites and preserving evidence
- Reviewing contracts and safety plans
- Retaining and coordinating expert witnesses
- Interviewing witnesses who saw you get injured (or saw the conditions that led to you being injured)
- Negotiating with insurers and preparing for trial
Our record of nearly $1 billion in financial recoveries reflects our tireless preparation, personalized case strategies, and strategic use of expert testimony.
Losses an Injured Worker May Seek Compensation For (Through a Workers’ Comp Claim or Lawsuit)
Whether we are handling a workers’ compensation claim or lawsuit on your behalf, we will fight for all the compensation to which you are entitled. While the types of losses you can secure compensation for will likely vary depending on our approach, we are prepared to seek compensation for your:
- Past and future medical expenses
- Present and future lost income
- Diminished earning capacity
- Physical pain and discomfort
- Emotional distress and psychological harm
- Permanent impairment or scarring
Medical, vocational, and economic experts may play a vital role in documenting and explaining these and any other damages you’ve suffered.
Frequently Asked Questions About Experts in Construction Accident Cases
Based on our experience, we bet that you might be wondering:
Do expert witnesses testify in every case?
Not every case requires experts, but serious injury and liability cases often benefit from their services.
Can experts help prove Labor Law violations?
Yes. Experts frequently explain how safety laws were violated.
Do I pay for experts upfront?
No. We advance those costs. As a matter of fact, you won’t pay The Perecman Firm any upfront fees or costs. We only receive a fee if we win your case.
What if the defense hires experts?
We will counter with our own credible, independent experts. We have the utmost confidence that the credibility and effective testimony of our experts will win out.
A New York City Construction Accident Lawyer is Standing By
If you suffered an injury on a New York City construction site, you deserve answers and accountability. At The Perecman Firm, we know how to use expert witnesses to build strong cases and pursue full, fair compensation for injured workers like you.
New York law imposes strict statutes of limitations on construction accident lawsuits. The deadline for cases involving municipalities (like the City of New York) is even stricter, as you may have only 90 days to file a claim in such a case.
Do not wait. Contact us today for your free, no-pressure consultation about hiring a New York City construction accident attorney.