Crane accidents can occur due to various reasons, often resulting in severe injuries or, worse, fatalities. Alarmingly, New York ranks among the states with the highest number of fatal crane-related injuries. When these accidents happen, the legal consequences for both the responsible parties and the victims can be complex, requiring specialized legal expertise.
If you’ve experienced such an accident in New York, you may need a New York crane accident lawyer. During this time, you might have many questions requiring immediate answers. To save you time and resources, we’ve compiled a list of questions to ask a New York crane accident lawyer before hiring one.
Understanding the Lawyer’s Background and Experience
When evaluating crane accident lawyers, you will want to ask questions about their background and experience with cases like yours. Asking such questions helps ensure that the lawyer has the necessary expertise and a proven track record to effectively handle different crane accident cases. Those questions are:
How long have you been practicing law?
Experience matters. A lawyer with many years of practice will have a deeper understanding of the complexities involved in crane accident cases. They’re likely to be more adept at anticipating potential curveballs in your case and addressing them effectively.
Have you handled crane accident cases specifically?
The causes of crane accidents can often be attributed to negligent machine operation or errors in the installation process. While these causes are relatively easy to identify, crane accidents are unique within personal injury law. This means they have specific characteristics and complexities that set them apart from other types of personal injury cases. These complexities could include unique regulatory requirements, technical aspects of crane operations, and the severe nature of injuries typically involved — all of which require specialized legal knowledge and expertise.
What is your track record with similar cases?
Ask for examples of past cases, including their outcomes or obstacles encountered. A successful track record in handling crane accidents can give you confidence that they can handle your case successfully.
Knowledge of New York Laws and Regulations
Dealing with crane accident cases requires a lawyer who knows New York laws and regulations inside and out. So it pays to test their knowledge, specifically how well versed they are in state and city safety standards, labor laws, and other legal nuances critical to your case. Some key questions to ask include:
How familiar are you with New York state and city regulations regarding crane operations and safety?
A New York crane accident lawyer should have extensive knowledge of both state and city regulations governing crane operations and safety. This includes understanding the New York City Department of Buildings (DOB) codes and the specific safety protocols required for crane use in urban environments. Familiarity with these regulations ensures that the lawyer can identify any violations that may have contributed to the accident.
Can you explain how New York labor laws might impact my case?
New York lawyers are expected to have in-depth knowledge of the state’s labor laws, including the Scaffold Law (Labor Law Section 240) and the Labor Law Section 241(6). They would know that these worker protections are crucial in crane accident cases, as these impose stringent liability on employers and contractors for safety violations that lead to worker injuries. Lawyers worth their salt can explain how these laws apply to your case and how these can be leveraged to hold the responsible parties accountable and maximize your compensation.
Have you worked with local OSHA representatives and other regulatory bodies in New York?
Experience working with local Occupational Safety and Health Administration (OSHA) representatives and other regulatory bodies such as the NYC DOB is vital. A lawyer with such experience will be adept at navigating investigations, understanding the nuances of regulatory requirements, and collaborating with these agencies to build a strong case. This experience might be pivotal in proving negligence and securing a favorable outcome for you.
Case Assessment and Strategy
Do you understand how a lawyer will approach your case to ensure they have a clear and effective plan? This insight can help you feel more confident in their ability to handle your situation. To glean these insights, ask the following questions:
How will you evaluate my case?
Evaluating a crane accident case involves a thorough investigation of all relevant facts and evidence, including accident reports, medical records, video footage, and witness interviews. Consulting with crane operation and safety experts helps identify responsible parties and determine liability. Assessing the impact on the victim’s life, including physical, emotional, and financial damages, helps build a comprehensive case aimed at maximum compensation.
What strategies do you typically use in crane accident cases?
Strategies in crane accident cases focus on proving negligence by demonstrating failures to adhere to safety regulations and industry standards, often with the help of OSHA experts. Establishing a clear link between the accident and the victim’s injuries through medical documentation and expert testimony is key. While negotiating a fair settlement with the insurance company is the primary goal, being prepared for trial is crucial to maximize potential recovery.
Fees and Costs
Worried about unexpected legal expenses? Ask the following questions to better understand the financial aspects of getting legal representation.
What is your fee structure?
Does the lawyer charge an hourly rate or a flat fee, or do they work on a contingency basis? Many New York crane accident lawyers work on a contingency fee basis, meaning they get paid only if you win your case. Asking this can be beneficial to know if the lawyer’s interests align with your own.
Are there any upfront costs or retainer fees?
Some lawyers may require upfront costs or a retainer fee to cover initial expenses. Clarify this information beforehand to ensure there are no surprises. A reputable firm will provide a clear explanation of any initial costs and how they will be applied to your case.
What additional expenses might arise, and who is responsible for covering them?
Miscellaneous costs such as court filing fees, expert witness fees, and costs for obtaining medical records might be unavoidable in some cases. Understanding these potential expenses and whether you or the lawyer’s firm will be responsible for paying them can help you budget accordingly. A reputable lawyer will outline these costs upfront and explain how they are managed throughout the case.
Take the Next Step: Schedule Your Consultation
Asking the right questions when choosing a New York crane accident lawyer can be a great help in finding an experienced and knowledgeable legal advocate. By being thorough in your search and understanding the lawyer’s background, expertise, and fee structure, you can make a more informed decision. If you need legal assistance for your case in New York, don’t hesitate to contact Keith D. Silverstein & Associates. Get a free consultation or call us at (866) 478-4217 now.
