If you were seriously injured on a construction site in New York City, one of the first questions you may have is about the cost of a construction accident lawyer in NY.
However, construction lawyer fees in NY are only one part of the financial picture. Injured workers should also understand how litigation expenses work, what costs may arise during a lawsuit, and what questions to ask before signing with a law firm.
How Contingency Fees Work in New York Construction Accident Cases
Personal injury cases, including third-party construction accident claims, are handled on a contingency fee basis. With contingency fees, a construction lawyer’s fees are only collected if compensation is recovered through a settlement or verdict. Rather than paying legal bills throughout the case, the amount is deducted from the financial recovery at the end of the lawsuit.
These fees are generally 33.3% of the recovery, allowing injured workers to pursue legal action without taking on upfront attorney’s fees while recovering from serious injuries and lost income. It also means the firm’s payment is tied to the outcome of the case.
Understanding Expenses in a New York Construction Accident Case
Attorney’s fees are not the only costs involved in a construction accident lawsuit. Serious injury cases often require substantial investigation and case development, especially when multiple contractors, safety violations, or disputed facts are involved.
These costs are typically advanced during the lawsuit and reimbursed from the settlement or verdict at the conclusion of the case.
Investigation and Accident Reconstruction
Construction accident cases require immediate and detailed investigation, especially when conditions at the worksite may change shortly after the accident. A legal team will need to obtain accident reports, preserve surveillance footage, photograph unsafe conditions, interview coworkers and witnesses, and review OSHA findings and site safety records before critical evidence disappears.
Attorneys also sometimes work with accident reconstruction professionals and construction safety experts to determine exactly how the accident occurred. During the investigation, lawyers may look for patterns of missing or inadequate safety protections, such as unsecured scaffolding, missing harnesses, unstable ladders, falling debris hazards, or dangerous site conditions. These details can become important in claims involving Labor Law 240(1), “The Scaffold Law,” and other construction safety requirements.
Medical Experts and Life-Care Planners
Medical evidence plays a major role in determining the value of a construction accident case, especially when the worker suffers catastrophic or permanent injuries. Lawyers work with medical specialists, vocational experts, economists, or life-care planners to better understand how the injury will affect the worker’s health, earning capacity, and long-term quality of life.
For example, a worker who suffers a traumatic brain injury after a scaffold fall may require future neurological treatment, cognitive therapy, prescription medications, and ongoing supervision. A spinal cord injury could require wheelchair-accessible housing, in-home nursing assistance, mobility equipment, rehabilitation, and lifelong medical care.
These professionals may also evaluate whether the injured worker can return to construction work at all, whether retraining is necessary, and how much future income and union benefits may be lost because of the injury. This type of analysis can play an important role in demonstrating the true financial impact of a serious construction accident.
Court Filings and Depositions
Litigation expenses can also include court filing fees, deposition costs, medical record retrieval, and other procedural expenses associated with pursuing a lawsuit.
Depositions are formal interviews conducted under oath and are often an important part of construction accident litigation in New York. Attorneys may depose injured workers, supervisors, contractors and witnesses as part of the discovery process. These steps can be time-consuming and expensive, but they are almost always necessary to build a strong case for compensation.
Experience and Resources Matter in Construction Accident Cases
Serious construction accident cases are often far more complex than they initially appear, requiring extensive investigation, expert analysis, and aggressive litigation against liable parties. Firms that are unwilling to invest the necessary time and resources into a case may pressure injured workers into accepting a settlement before the full value of the claim is understood.
At Oresky & Associates, PLLC, we understand that serious construction accidents can affect every part of a worker’s life, including their health, ability to work, and financial future. For more than 30 years, our team has represented injured construction workers throughout New York City and Long Island, recovering over $500 million in settlements and verdicts. Our team is committed to fully developing these cases so injured workers are not pressured into accepting less than they deserve.
To build the strongest possible case for injured workers, our team will:
- Thoroughly investigate construction site accidents
- Preserve and analyze critical evidence
- Work with medical, vocational, and construction experts
- Navigate complex laws like New York Labor Law 240 and other construction laws
- Aggressively litigate cases when necessary
- Prepare claims for trial rather than seeking quick settlements
For injured workers and families already under financial pressure, it may be tempting to focus solely on the lowest perceived cost of a construction accident attorney. However, the quality of the representation can have a major impact on the outcome of the case. A law firm with experience, resources, and the ability to thoroughly investigate and litigate the claim may be better positioned to pursue the compensation an injured worker truly needs.
Questions to Ask About Fees and Costs Before Hiring a Lawyer
Before signing with a law firm after a construction accident, injured workers should make sure they fully understand how fees and expenses will be handled throughout the case. A reputable attorney should be willing to answer these questions clearly and directly before any agreement is signed.
Important questions to ask include:
- What percentage of the settlement or verdict will go toward attorney’s fees?
- Does the contingency percentage increase if the case goes to trial?
- How are litigation expenses handled during the lawsuit?
- Will case expenses be deducted before or after attorney’s fees are calculated?
- Will I owe anything if the case is unsuccessful?
- How are medical liens or outstanding medical bills addressed during a settlement?
- Are all fees and costs explained clearly in the retainer agreement?
- Will I receive updates about expenses and major financial decisions during the case?
Asking these questions early can help injured workers avoid confusion later and make more informed decisions when comparing law firms. Clear communication about fees, expenses, and expectations is often an important sign of a law firm’s professionalism and transparency.
Frequently Asked Questions
How Much Does a Construction Accident Lawyer Cost in NY?
Personal injury lawyers handling construction accident lawsuits in New York work on a contingency fee basis. This means attorney’s fees are generally paid as a percentage of the settlement or verdict rather than through upfront hourly billing. In most cases, the contingency fee is 33.3% of the recovery, although at some firms the percentage may vary depending on the case’s complexity and whether it proceeds to trial.
Who Pays Case Expenses if I Lose?
The answer depends on the law firm and the terms of the retainer agreement. Some firms advance litigation expenses and absorb those costs if there is no recovery, while others may seek reimbursement for certain expenses. Injured workers should ask how costs are handled before signing any agreement.
Can I Change Lawyers During My Construction Accident Case?
Yes. In many situations, injured workers can change attorneys if they are unhappy with their representation. However, issues involving attorneys’ fees and liens between law firms can become complex. Before making a change, it is usually a good idea to discuss the situation with the new attorney and understand how the transition may affect the case.
What Happens to My Medical Bills During the Lawsuit?
Medical bills may be handled in several different ways depending on the worker’s treatment, insurance coverage, and the type of claim involved. Workers’ compensation may cover medical treatment related to a workplace accident, while some providers may agree to wait for payment until the case resolves. Outstanding medical bills, liens, or reimbursement claims are often addressed during settlement negotiations.
How Long Does a Construction Accident Lawsuit Take?
The timeline for a construction accident lawsuit in New York can vary depending on the severity of the injuries, the complexity of the case, and whether the claim settles or proceeds to trial. Some cases may resolve in months, while others can take several years.
Construction accident claims often involve extensive investigation, medical treatment, expert analysis, and litigation involving multiple parties, including contractors, subcontractors, and certain building owners. In many cases, attorneys also wait until the injured worker’s medical condition becomes more stable before negotiating a final settlement so the long-term impact of the injury can be properly evaluated.
While injured workers may want a case resolved quickly, accepting a settlement too early can result in recovering less compensation than the case is actually worth.
No Win, No Fee for Construction Cases in NY
At Oresky & Associates, PLLC, we understand that injured workers and their families are facing financial stress, uncertainty about the future, and pressure from insurance companies, all at the same time. Our team is here to fight for the compensation you need without the pressure of going into debt to seek justice.
If you were injured in a construction accident in New York City or on Long Island, call Oresky & Associates, PLLC, at (718) 993-9999 for a free consultation. Hablamos español.