Were You Hurt By A Collapsing Building? Get Help Now
When you’re hurt by a building collapse, you may be entitled to compensation from any negligent parties. You may be confused by the premises liability lawsuit process, but that’s where our attorneys can help.
We’ve fought for our clients’ recovery and won—like this $2.5 million settlement for injuries caused by a ceiling collapse. Each case is unique, so we approach our clients’ stories with care. Premises liability cases can be challenging, so do not go it alone — we work on a contingency basis, so you don’t pay unless we win.
Call (212) 490-5700 to get started.
Understanding Building Collapses in New York City
A building collapse is a catastrophic event in which a structure, or part of it, fails and falls to the ground. This can be a total or partial collapse, and the causes can be varied and complex.
Why Do Buildings Collapse?
The most common causes of building collapses in NYC include construction defects, natural disasters, neglect and maintenance issues, and human error by construction or maintenance people.
Some of the most common causes include:
- Foundation Issues: Faulty foundations, inadequate soil testing, or improper construction techniques can lead to structural instability.
- Material Failures: Low-quality materials, improper use of materials, or insufficient reinforcement can compromise the building’s integrity.
- Design Errors: Errors in architectural or engineering plans can result in structural weaknesses.
- Hurricanes and Storms: Strong winds, heavy rain, and flooding can weaken structures and lead to failures.
- Extreme Weather: Heat waves, cold snaps, and heavy snowfall can stress buildings and contribute to collapse.
- Deferred Maintenance: Failure to address maintenance issues like leaks, structural cracks, or corrosion can lead to deterioration and collapse.
- Code Violations: Buildings that do not comply with New York City building codes may have safety deficiencies that increase the risk of collapse.
- Construction Accidents: Accidents during construction, such as improper handling of heavy equipment or material failures, can cause collapses.
- Demolition Errors: Mistakes in demolition procedures, such as using excessive force or failing to isolate the structure, can result in unexpected collapses.
Who Can Be Held Liable for a Building Collapse?
When a building collapse occurs, determining who can be held liable is a complex legal process.
Several parties might be involved in a building collapse, each with their own level of responsibility. Here are some potential liable parties:
- Property owners
- General contractors
- Architects
- Engineers
- Subcontractors
- Material suppliers
- Inspectors
- Project managers
- Equipment manufacturers
Proving Negligence in a Building Collapse Claim
To prove negligence in a building collapse case, you must establish four elements:
- Duty of Care: The defendant must have owed a duty of care to the plaintiff. This generally means that the defendant should have acted as a reasonable person would in similar circumstances.
- Breach of Duty: The defendant must have breached their duty of care by failing to act as a reasonable person would. This could involve negligence in design, construction, maintenance, or inspection.
- Causation: The defendant’s breach of duty must have been the actual cause of the plaintiff’s injuries or damages. This means that the collapse would not have occurred “but for” the defendant’s negligence.
- Damages: The plaintiff must have suffered actual damages because of the collapse. This can include physical injuries, property damage, emotional distress, or economic loss.
Injuries Caused By Building Collapses
Building collapses can result in a wide range of injuries, some of which can be life-threatening. Here are some common types of injuries:
- Truamatic brain injuries (TBIs)
- Spinal injuries
- Fractures
- Psychological trauma
- Electrical injuries
- Internal injuries
- Crush injuries
- Fatalities
Are There Long-Term Consequences Caused By Building Collapses?
Building collapse injuries can have significant and long-lasting physical, emotional, and financial consequences. Many survivors of building collapses experience chronic pain, which can significantly impact their quality of life.
Injuries like spinal cord injuries can result in permanent disabilities, limiting mobility and independence. Recovery from severe injuries often requires extensive physical therapy and rehabilitation, which can be a lengthy and challenging process.
Survivors of building collapses may develop PTSD, characterized by flashbacks, nightmares, and hypervigilance.
The traumatic experience can lead to depression, anxiety, and other mental health issues. Adjusting to a new life after a traumatic event can also be emotionally challenging.
Are There Treatments for Long-Term Injuries?
Treatment for severe injuries can be extremely costly, often requiring ongoing medical care and specialized therapies.
Injuries can lead to job loss or reduced earning capacity, resulting in significant financial hardship. In addition to personal injuries, building collapses can result in property damage or loss, leading to further financial burdens.
The long-term impacts of building collapse injuries can be devastating, affecting individuals and their families in profound ways.
Support services, including counseling, rehabilitation, and financial assistance, are essential for helping survivors cope with the challenges they face.
Steps to Take After a Building Collapse
If you or a loved one are injured in a building collapse, it’s important to take immediate action to protect your rights and ensure proper medical care. Here are the steps to follow:
- Seek Medical Attention Immediately: If you are trapped or injured, prioritize your safety and the safety of others. Dial 911 or emergency services to report the incident and request immediate assistance.
- Document the Scene: If possible, take photos of the collapsed building, the injuries, and any evidence of negligence or hazardous conditions. Note names and contact information of any witnesses.
- Consult with a Lawyer: Contact a New York building collapse injury lawyer who has experience with building collapse cases. They can help you understand your rights and options.
- File a Claim: If you or the property owner have insurance, file a claim with the appropriate insurance company. If necessary, your structural collapse injury lawyer may recommend filing a lawsuit against the responsible parties.
- Negotiate a Settlement or Go to Trial: Your building accident attorney in NYC will try to negotiate a full and fair settlement with the insurance company. If they won’t settle fairly, then your attorney can take the case to trial.
Compensation for Building Collapse Injuries in NYC
Victims of building collapses may be eligible for various types of compensation to cover the losses they have suffered. These can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of earning capacity
- Property damage
- Loss of consortium
- Loss of enjoyment of life
If your loved one died in a building collapse in NYC, you can get money in a wrongful death claim to pay for funeral and burial costs, lost inheritance, and more.
Filing a Building Collapse Lawsuit
If you or a loved one has been injured in a building collapse in New York City, you may have the right to file a lawsuit against the responsible parties.
However, it’s important to act quickly due to New York’s statute of limitations (or deadline to file a lawsuit), which is three years from the date of the accident.
Here are the steps your premises liability lawyer in NYC will take to file a building collapse lawsuit:
- Consult with a Lawyer: An NYC building collapse attorney focusing on building collapse cases can assess your situation, gather evidence, and advise you on the best course of action.
- Gather Evidence: This may include medical records, police reports, witness statements, and photographs of the collapsed building.
- File a Complaint: Your attorney will file a complaint with the court, outlining the allegations against the responsible parties and seeking damages.
- Discovery Phase: Both sides will exchange information and evidence through discovery requests, depositions, and interrogatories.
- Negotiations: The parties may attempt to settle the case through negotiations.
- Trial: If a settlement cannot be reached, the case will proceed to trial, where a jury or judge will determine liability and damages.
FAQs About Building Collapse Injuries in New York
How long do I have to file a lawsuit after a building collapse in NYC?
In New York, the statute of limitations for filing a lawsuit after a building collapse is typically three years from the date of the incident. However, certain factors could affect this timeline, so it’s important to consult with an attorney as soon as possible to protect your rights.
What types of evidence are crucial in a building collapse case?
Key evidence in a building collapse case includes construction records, building inspection reports, maintenance logs, witness statements, photographs of the collapse, and expert testimony regarding the cause of the collapse. An attorney can help you gather and preserve this evidence.
Who can file a wrongful death lawsuit after a building collapse killed a family member?
In New York, a deceased person’s children, parents, spouse, or a representative of their estate may file a lawsuit on their behalf. Thus, if your loved one was killed in a horrific building collapse in NYC, you may be eligible to file a wrongful death lawsuit.
What should I expect during the legal process for a building collapse injury case?
The legal process involves several steps, including investigation, filing a lawsuit, discovery (exchange of evidence), negotiations, and potentially going to trial. Each phase can be complex, but your lawyer will guide you through every step and advocate for your best interests.
How are damages calculated in a building collapse injury case?
Damages in a building collapse case are calculated based on various factors, including medical expenses, lost wages, pain and suffering, loss of earning capacity, and property damage. An experienced attorney will work to ensure all your losses are accurately assessed and compensated.
Call a New York Building Collapse Injury Lawyer Now
Hecht, Kleeger & Damashek, P.C. has extensive experience handling complex building collapse cases. We are committed to helping victims get the compensation they need and deserve. When you call us, we will listen to your story and immediately get to work for you.
Call (212) 490-5700 to talk to our building collapse lawyers in NYC today for a consultation of your case.
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