John Carro, senior trial partner and New York construction accident lawyer at Carro, Carro & Mitchell has confirmed a $3,000,000.00 settlement achieved on the eve of trial for a laborer who suffered serious back injuries in a construction site accident.
Alberto Sanchez* was performing demolition work, pulling down a ceiling while standing on a Baker Scaffold. This type of scaffold typically has wheels and is 6 feet tall with a metal pipe frame and wooden platform. The Baker Scaffold is frequently used on construction sites, and unfortunately is involved in many workplace accidents. Often these scaffolds are not properly erected or secured. This is precisely what happened in Alberto’s case. The scaffold had faulty wheel locks. While Alberto was working the scaffold shifted and then tipped over, throwing him to the ground.
Serious Injuries Have Serious Consequences
Alberto injured his back in the fall. After a year of conservative care with physical therapy, chiropractic treatment and trigger-point injections, his doctors advised back surgery.
Because of his injury, Alberto would no longer be able to do construction work. Although he wanted to return to some type of employment, Alberto’s prospects for finding a new job were limited. He was 54, and no longer able, due to his injury, to do the type of physical work he had done for his entire adult life. Alberto did not have a college degree, or skills that qualified him for office work.
The defendant’s insurance company was unwilling to concede the severity of Alberto’s injury, the loss of income he would suffer in the future, or even that the defendants- the property owner and general contractor- had been negligent and were legally responsible to compensate Alberto for his damages.
Fighting for Justice with a New York Construction Accident Lawyer
But the lawyers at Carro, Carro & Mitchell know their way around construction sites, and construction site lawsuits. There are particular sections of the New York Labor Law which give special protection to construction workers on scaffolds, ladders and other temporary work platforms. The law makes general contractors and constructional site owners strictly liable for the injuries suffered due to unsafe scaffolds or ladders.
John Carro prepared Alberto’s case for trial and engaged several expert witnesses. A construction site safety engineer found several unsafe conditions of the scaffold and the way it was setup. Expert doctors would testify about the severity of Alberto’s back injury, his physical limitations, restrictions and pain. A vocational rehabilitation expert would show how Alberto’s injury, age, education and lack of transferable job skills would severely limit his chances of finding a job. And an expert economist would explain to the jury the cost to Alberto of his lost earnings, and other benefits such as health insurance, vacation and sick pay.
As often occurs in litigation, the case was shaping up as a battle of expert witnesses. However when a jury was selected and the trial was about to begin, the insurance company lawyers softened their position. After lengthy negotiations the case settled for $3,000,000, which was the total of the available insurance.
In achieving this result, John Carro stated “This was a case in which we were very aggressive, totally prepared for trial and unwilling to compromise for anything less than every dollar of the defendant’s insurance coverage.”
We Can Help You
The lawyers of Carro, Carro & Mitchell know the laws that protect construction workers and how to fight for the compensation and justice deserved.
If you were injured in an accident on a construction site, shouldn’t you choose expert construction accident attorney’s to represent you? Call Carro, Carro & Mitchell today at (212) 213 5005 and let us get to work on your case.
*Name changed to protect client’s privacy.