If you’ve been injured on a New York construction site, you’ve probably seen commercials from large national law firms or read national TV law firm reviews while researching your options. Those resources provide part of the picture, but they don’t always tell you whether a firm knows how to approach these unique cases.
New York construction accidents often involve complex laws and legal issues that demand focused experience. A firm that regularly handles these claims will approach them very differently than one with a broader national practice.
That doesn’t mean national firms are never the right choice. For some types of claims, they can be. But if your injury happened on a construction site in New York City, it’s worth looking beyond the size of the firm and asking whether the firm you’re considering has the knowledge your case actually demands.
National Law Firms and NYC Construction Firms Often Take Different Approaches
Large national firms and local construction firms have different business models. Neither approach is inherently right or wrong, but these differences can shape your experience as a client and the way your case is handled.
High-Volume Caseloads vs. Personalized Attention
Many nationally advertised law firms generate a high volume of inquiries through television commercials, online advertising, and other large-scale marketing efforts. Some cases are handled in-house, but many others may be referred to affiliated attorneys or other firms.
Rather than handling every type of injury claim, local construction accident firms like Oresky & Associates, PLLC focus on a narrower range of cases and develop legal strategies around each client’s circumstances. That means more direct communication with the attorney handling your case rather than a standardized process.
Local Representation vs. National Reach
A nationally recognized name does not necessarily mean the attorneys handling your case regularly practice in New York or have extensive knowledge of New York construction litigation. If your accident happened in New York City, it’s worth asking a few questions before you sign on: Does this firm focus on New York, or are they juggling the laws of several other states at the same time? Do they have a real track record litigating cases in New York courts, or has their success come mostly from other jurisdictions?
The answers can tell you a great deal about how prepared a firm truly is to handle the legal landscape your case depends on.
Where NY Construction Lawyers Have the Advantage
A construction accident case doesn’t move forward on reputation alone. It requires informed legal decisions at every stage, and those decisions are shaped by a lawyer’s knowledge of New York construction litigation.
Recognizing the Laws That Shape Construction Cases
Construction accidents are different than many other injury cases. New York has laws that specifically protect construction workers, and recognizing when those protections apply is critical to building a case.
Every construction accident raises a different set of legal questions. Was the worker provided with the required fall protection? Did the accident involve a violation of New York’s construction safety regulations? Who controlled the work being performed, and who may be legally responsible? Those answers shape everything from the evidence we preserve to the legal strategy we develop, and they’re questions we evaluate every day.
Understanding the Realities Facing New York Construction Workers
Construction workers have helped build every borough of New York City, and they come from all kinds of backgrounds. Our practice reflects that same diversity. We regularly work with Spanish-speaking clients and other members of the communities we serve, making sure every client has the information they need to make informed decisions about their case.
We’ve also represented injured workers who were undocumented, paid in cash or off the books, or uncertain about whether they had legal rights after a construction accident. Those circumstances shouldn’t stop someone from getting reliable legal advice.
Building Cases That Are Ready for Trial
Not every construction accident case goes to trial, but every case should be prepared as though it might. We approach each case with that mindset from the outset by thoroughly investigating the accident, preserving critical evidence, and developing the strongest possible legal strategy. Over the years, we’ve also developed relationships with engineers, accident reconstruction professionals, and other experts whose insights are critical in complex construction accident litigation.
That preparation not only readies us for trial, but also strengthens our position during settlement negotiations. Insurance companies know which law firms are prepared to take cases to court and which ones are looking for a quick resolution. We’re prepared to litigate when that’s what it takes to obtain the best possible outcome for our client.
That approach has helped us secure significant results in construction accident cases, including:
- A $23 million jury verdict for two construction workers injured when a ladder-jack scaffold collapsed during a facade renovation project. After prevailing on liability under New York Labor Law § 240(1), the case proceeded to trial and ultimately resolved for multiples of the insurance company’s pretrial offer.
- A $9 million settlement reached during trial for a construction helper who suffered serious injuries in a 20-foot fall caused by an unsecured floor panel.
We don’t know at the outset whether a case will settle or proceed to trial. What we do know is that thorough preparation puts our clients in the strongest possible position, regardless of how their case is ultimately resolved.
Questions to Ask Before Hiring a Construction Accident Lawyer
If you’re trying to decide whether you should hire a local lawyer or a nationally advertised firm, make sure you discuss your case and compare your options. Before signing a representation agreement, consider asking questions like:
- How much of your practice is devoted to New York construction accident cases?
- Who will actually handle my case, and will it remain with your firm?
- Have you handled construction accident cases like mine before?
- What experience do you have taking construction accident cases to trial?
- If English isn’t my first language, will I be able to communicate with my legal team in Spanish or another language?
- How will you keep me informed as my case moves forward?
The answers should leave you with a clear understanding of the firm’s track record, communication style, and approach to handling construction accident cases. Just as importantly, you should feel comfortable asking questions and confident that you’ll receive honest, straightforward answers throughout your case.
Frequently Asked Questions
Can I Switch Lawyers After I’ve Already Hired Another Firm?
Yes. If you’re unhappy with your current representation, you have the right to change lawyers, even after you’ve signed a retainer agreement. The process is a straightforward one, and hiring one lawyer doesn’t necessarily mean you’re committed to staying with that firm through the end of your claim.
Before making a decision, ask how the transition will work and what, if anything, you need to do to transfer your case. A new attorney can help you during this process.
Will My Case Stay With the Law Firm I Hire?
Not always. Some law firms handle every aspect of a case in-house, while others refer certain cases to outside attorneys. That’s why it’s important to ask who will be responsible for your case, who your primary point of contact will be, and whether your case will remain with the firm you hired.
Can I Receive Workers’ Compensation and File a Third-Party Claim?
Workers’ compensation benefits help cover medical treatment and provide partial wage replacement after a workplace injury, regardless of who caused the accident. If someone other than your employer is legally responsible for your injuries, you also have the right to pursue a third-party personal injury claim alongside your workers’ compensation benefits.
Can I Hire a Lawyer if English Isn’t My First Language?
Absolutely. You should be able to communicate comfortably with your legal team and fully understand your rights throughout your case. At Oresky & Associates, PLLC, our bilingual staff assists Spanish-speaking clients and helps ensure they receive clear, straightforward information about their legal options. Language should never be a barrier to getting trusted legal guidance after a construction accident.
Does It Cost More to Hire a Local Construction Accident Lawyer?
No. Construction accident lawyers, including many national and local firms, handle these cases on a contingency fee basis. That means attorney’s fees are generally paid only if compensation is recovered for you.
It’s still important to ask how the firm’s fee agreement works. Find out what percentage the firm charges, how case expenses are handled, and whether you’ll owe any costs if your case is unsuccessful.
Let Our New York City Law Firm Help You After a Construction Accident
Choosing the best NYC construction accident lawyer for you isn’t just about finding a familiar name or the firm with the biggest advertising budget. It’s about finding a legal team with the experience and focus these cases demand.
At Oresky & Associates, PLLC, we’ve spent more than 30 years representing injured construction workers and their families throughout New York City. We’ve recovered more than $500 million in settlements and verdicts, but we’re just as proud of the trust our clients place in us during some of the most difficult moments of their lives.
If you have questions about your rights after a construction accident, we’re here to help. Call (929) 209-4492 for a free consultation.