Process for Work-Related Injury Litigation & Construction Litigation and Lawsuits
Overview of the Construction and Work-Related Accident Litigation Process
Work-Related, work site, construction and on-the-job cases each have their own facts and each client has his or her own interests and needs, so no two cases are identical. Because these cases often overlap with the New York Workers’ Compensation insurance program and can cause awkward experiences at work, they can create complex situations for the injured person. I spend a lot of time listening to my clients and answering their questions and concerns. I can also help with Workers’ Comp issues. I develop a comprehensive strategy for each case based on the particular facts of that case and the needs and interests of the client.
You should know what to expect if you retain me to handle your work site, construction or on-the-job case. There are five aspects to each litigation arising out of an injury on the job:
Getting
Started with a Work-Related Injury Litigation
To get started, I will meet with you to listen and understand your story and all the issues. I will review the New York Labor Law and the Workers’ Compensation Law as they apply to your case. I will discuss the grounds on which you can or cannot bring a case and what it will take the win the case. I will then discuss the approach I would take on the case and the services that I would provide to you. If you decide to retain me to represent you on the case, then I will do the following:
Have you sign a retainer agreement.
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Give you a Welcome Kit, the first of six client reports. The Welcome Kit contains an overview of the services I provide, a statement of client rights and responsibilities, a timeline for the case and other introductory information.
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Have you sign medical release forms: To conduct an investigation, I need to collect copies of the appropriate medical records as well as other documents. Collecting those records requires that I have your written authorization.
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File a claim letter: This notifies the defendant that you have a potential claim and that I represent you.
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Address any open Workers’ Compensation issues
Conducting an Investigation of a Work-Related Injury Case
All investigations start by collecting all pertinent information. Therefore, I start by taking these actions:
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Visiting the scene of the incident and taking pictures.
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Researching the history of the location where the incident occurred
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Researching the history of claims against the manufacturer responsible for any equipment involved in the incident
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Researching the history of injuries at the job site
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Collecting the medical records. I seek these records immediately, though we may need to wait on some until you finish treatment. Some providers require persistent contacts before they send the records.
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Contacting and interviewing witnesses.
I assemble a team of experts needed to consult on the job-related injuries or illness case. In previous work-related cases, I have used the following type of experts:
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Medical reviewers to assist in the review and presentation of the medical records
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Building engineers
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Product designers
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Construction experts
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Service Contractors
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Economists
I also conduct legal research seeking similar cases and identifying decisions that may affect your work site, construction or on-the-job case.
Preparing an Assessment of a Work-Related Injury Case
Once I complete the investigation, I will gather all the material, information and research and assess the case. I consult with the team of experts as necessary. I then prepare a detailed Case Assessment, the second of the six client reports. The assessment looks at all the issues involved with a work-related or construction litigation:
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The Facts of the Case: A review of all the facts in the case.
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Liability: I explain the issues in proving the defendant’s liability and estimate what a jury is likely to find. This section will address any issues arising from Workers’ Compensation.
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Damages: I review the injuries and other damages you have suffered and estimate the value the jury will place on those damages.
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Proceeding to Trial: This section reviews my approach as we proceed to trial, including an estimate of how long it will take the case to come to trial.
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Settlement Options: This section assesses the value of the case in settlement talks and the likelihood that the defense will be willing to settle. Some cases are more likely than others to settle and some insurers are more likely to settle than others.
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Recommendation: I close each Case Assessment with a series of recommendations on how best to proceed.
I will review the Case Assessment with you to ensure that I have all the facts correct and to discuss the details of the litigation and my evaluation of it. We will then discuss how best to proceed.
Pursuing a Settlement of a Job-Related Injury Case
In all cases, we proceed down two parallel paths: preparing for trial and seeking settlement. The better we prepare for trial, the more likely a settlement becomes.
It is always worthwhile to pursue settlement options, though not all cases will or should settle. I use the Case Assessment to prepare a Settlement Package that I present to the defense. I try to submit this settlement package before formally filing a lawsuit as that gives the defense an opportunity to settle without incurring substantial legal fees. Going to trial can be very expensive, so the defense is often willing to consider a settlement to avoid those costs. Insurance companies often find early settlements attractive since they can avoid paying for outside counsel.
There is never a time when the settlement door closes. Throughout the process, I will remain in contact with the defense to see if they want to offer a settlement that meets your needs. Just as the defense is never required to offer a settlement, you are never required to take a settlement.
Pursuing a
Job-Related Injury Lawsuit
After completing the investigation, if a case does not settle early, I will file a lawsuit on your behalf. We may accelerate the filing of the lawsuit in the timeline if we need to meet any statute of limitations requirements. There are three main phases to the lawsuit process for work site, construction or on-the-job cases:
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Filing the lawsuit and exchanging the initial papers: We begin the lawsuit by filing a Summons and Complaint. That action triggers an exchange of legal papers with the defense. Upon filing the lawsuit, I will produce the third of six client reports, the Lawsuit Report, which provides details of the legal process and includes a copy of the papers filed on your behalf.
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Discovery: During the Discovery phase, we will exchange information with the defense and conduct depositions of the parties. When we begin the Discovery phase, I will provide you with the fourth client report, the Discovery Report, which provides the schedule for Discovery and explains the process in detail. We will schedule your deposition where the lawyer for the defense will ask you questions under oath. I will provide you with Deposition Guidelines, the fifth client report, to help you prepare and I will meet with you to prepare for the deposition.
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The Trial: After we complete the Discovery phase, I will put your case on the court calendar. The wait for a trial can take from one to three years, depending on the court backlog. Throughout that wait, I will update the assessment of the case with any new developments. As we near the trial date, I will provide you with the sixth and final client report, a Trial Report, which provides an overview of how I will try to the case. This report also helps you prepare for the trial.
Focus, Communication and Service on Your Work-Related Injury Case
As you can see, I work very hard in preparing your case and do all I can to ensure that you receive the justice you deserve. I will keep you abreast of all developments, including regular updates on the collection of medical records and the exchange of legal papers and speak to each client at least once every two weeks.
I also provide a set of six client reports that are specific to your case and provide you with detailed analysis and guidelines:
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Welcome Kit
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Case Assessment
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Lawsuit Report
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Discovery Report
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Deposition Guidelines
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Trial Report
Carol L. Schlitt - New York Work Site Lawyer
If you or a loved one have suffered an injury on the job, you should contact a New York personal injury who has experience with construction site, work site and job or work-related cases. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.