How To Choose A Construction Accident Lawyer

December 8, 2025 | By Queller, Fisher, Washor, Fuchs & Kool
How To Choose A Construction Accident Lawyer

Choosing the wrong lawyer can cost you the compensation you need to recover and move forward. After a construction accident, you may be facing mounting medical bills and lost income while also dealing with insurance disputes and trying to regain stability. The right New York construction accident lawyer can make the difference between a fair recovery and a low settlement that does not cover your long-term needs.

Construction injuries happen every day on Manhattan high-rises, Brooklyn developments, and Bronx job sites. To protect your rights and strengthen your case, choose a lawyer who understands New York’s Labor Laws and how they apply to your situation.

Call Queller Fisher at (212) 406-1700 to speak with an experienced construction accident lawyer about your case.

Schedule a Free Case Evaluation

Key Takeaways About How To Choose A Construction Accident Lawyer

  • Experience with New York Labor Laws 240(1), 241(6), and 200 separates qualified construction accident attorneys from general personal injury lawyers.
  • Track records matter more than advertising budgets, so research actual case results and verdicts before hiring any law firm.
  • Fee structures vary between firms, but legitimate construction accident lawyers work on contingency, meaning no upfront costs.
  • Communication style and availability reveal how your case gets handled, with responsive attorneys typically achieving better outcomes.
  • Local knowledge of NYC construction sites, contractors, and insurance companies gives attorneys strategic advantages in negotiations and trials.

Experienced Construction Accident Lawyer for Complex Cases

Experience matters most when it directly involves construction accident cases. A skilled construction accident lawyer understands scaffold laws, OSHA standards, and multi-defendant litigation that general personal injury attorneys often overlook. Knowledge of elevation-related injuries, equipment failures, and site safety violations helps build strong cases for New York City workers.

Proven Case Results from Construction Accident Lawyers

Ask any construction accident lawyer for specific examples of cases they have handled, including verdicts, settlements, and outcomes similar to yours. Look for clear details rather than vague claims about total recoveries. 

Construction cases typically involve several contractors, intricate insurance arrangements, and distinct Labor Law protections that demand experience and knowledge to handle properly. After reviewing an attorney’s prior results, confirm they also have a thorough understanding of New York’s specific Labor Laws.

Construction Accident Lawyers Skilled in New York Labor Law

A qualified construction accident lawyer must understand New York Labor Law sections that protect injured workers:

  • Section 240(1): The “Scaffold Law” – makes owners and general contractors strictly liable for elevation-related injuries.
  • Section 241(6): Covers violations of industrial safety codes.
  • Section 200: General workplace safety and property owner negligence.

Attorneys with this knowledge can pursue third-party claims that may offer significantly greater compensation than workers’ compensation alone.

Reputation and Credentials of a Trusted Construction Accident Lawyer

A lawyer’s reputation says more than marketing claims. Research a construction accident lawyer’s bar memberships, peer recognition, and verified client testimonials. 

Pay attention to feedback about communication, responsiveness, and case outcomes. Recommendations from union members and fellow workers can also point to attorneys with consistent success representing injured construction workers.

Professional recognition from respected organizations like Super Lawyers or Best Lawyers can reflect strong peer standing, but always check the New York State Unified Court System’s attorney registry for any disciplinary history. A long record of ethical practice signals reliable representation.

Construction Accident Lawyer Fees and Case Costs

Most construction accident attorneys work on a contingency fee basis, typically about one-third of the recovery, though the percentage may vary. Under New York law, such fee arrangements must be set forth in a written retainer agreement or letter of engagement, as required by Judiciary Law §474 and 22 NYCRR §1215.1. 

These provisions ensure the client understands all fees and expenses before representation begins. While most reputable construction accident lawyers do not charge upfront retainers or hourly rates, it’s important to confirm the fee structure in writing before hiring an attorney.

Review all fee agreements to understand percentages, expenses, and reimbursement terms. Reputable firms often advance litigation costs, such as expert fees and court filings, and recover them only if the case succeeds.

Under Rule 1.8(e) of the New York Rules of Professional Conduct, attorneys may advance these costs with repayment depending on the case outcome, but they are not required to absorb them after an unsuccessful result. Check your retainer agreement to confirm how expenses are handled.

Law Firm Resources for Construction Cases

Complex construction accident cases demand extensive resources. Solo attorneys may not have the staff or financial support needed for thorough investigations or expert testimony. 

Established firms with dedicated investigators, paralegals, and support teams handle evidence collection and case preparation efficiently, keeping litigation moving forward. 

Financial strength is equally important. Well-funded firms can cover expert costs, reconstructions, and prolonged litigation without pushing clients into quick, undervalued settlements. Ask about a firm’s ability to fund cases through trial before making your choice.

Construction Accident Investigation Methods

Construction worker injured by falling object on a job site, illustrating need for experienced construction accident lawyer

Prompt investigation is key before worksites change or evidence is lost. Skilled attorneys have investigators ready to photograph scenes, interview witnesses, and secure evidence quickly. They collaborate with professionals such as:

  • Safety engineers analyzing code compliance
  • Accident reconstruction experts recreating events
  • Medical specialists documenting injury severity
  • Vocational experts assessing lost earning potential
  • Life care planners estimating long-term medical costs

These experts strengthen liability claims and help juries understand the full impact of injuries.

Trial Experience in Construction Accident Cases

Although most construction cases settle, strong trial experience improves negotiating power. Insurers offer better settlements to attorneys known for courtroom success. 

Ask potential lawyers about recent construction trial results, not just general personal injury cases, to gauge their ability to handle complex, multi-party litigation.

Trial-ready attorneys project confidence and prepare cases thoroughly before discussing settlement. Lawyers focused only on quick resolutions may overlook long-term medical or financial consequences. The best results come from attorneys who balance strategic settlement discussions with readiness to go to trial when necessary.

NYC Construction Lawyer Local Experience

New York City’s construction industry has its own challenges that require attorneys with local experience. Lawyers familiar with city regulations, contractors, and job sites can develop strategies that reflect how construction cases actually unfold in this market.

Knowledge of New York Construction Sites

Attorneys who understand the realities of New York construction—from Hudson Yards to the Brooklyn waterfront—bring insight into how major contractors, unions, and site conditions operate. Local experience helps them anticipate defense tactics, work efficiently with experts, and navigate city agencies. 

Familiarity with courthouse procedures and judges in different boroughs, such as Manhattan and the Bronx, also influences how cases progress and how negotiations are handled.

Attorney Office Locations Near You

Choosing a nearby attorney can make the process easier, especially while recovering from injuries. Local offices simplify meetings, court appearances, depositions, and mediations by reducing travel time and stress. 

Because construction accident cases may be filed in various boroughs, firms with multiple New York City locations can manage venue issues smoothly and keep cases moving through their knowledge of local courts and practices.

Warning Signs to Avoid Bad Construction Lawyers

Watch for warning signs that suggest avoiding certain attorneys or firms before signing retainer agreements. High-pressure tactics pushing immediate signatures indicate profit focus over client welfare. 

Guarantees about case values before thorough investigation show inexperience or dishonesty. Legitimate attorneys explain that case values depend on many factors requiring detailed analysis before making predictions.

Certain behaviors and practices signal attorneys to avoid when seeking representation for your construction accident case, protecting yourself from inadequate representation.

  • Solicitation at hospitals or homes shortly after accidents
  • Promises of specific dollar amounts before reviewing medical records
  • Requests for upfront payment or non-contingency fee arrangements
  • Lack of construction accident experience despite advertising claims
  • Poor communication during initial consultation

These red flags often indicate attorneys more interested in quick profits than achieving maximum compensation for injured workers who need dedicated advocacy.

Attorneys who delegate everything to paralegals may provide inadequate representation when your case requires experienced guidance. While support staff handles routine matters efficiently, attorneys must personally manage important case aspects affecting outcomes. 

Ask who handles depositions, negotiations, and trial work. Senior attorney involvement throughout cases produces better results than junior associate handling without supervision.

Questions for Construction Accident Attorneys

Preparing questions before consultations helps evaluate attorneys effectively and compare options objectively. Written questions prevent forgetting important topics during stressful meetings while recovering from injuries.

Questions About Construction Case Experience

Direct questions reveal attorney qualifications better than marketing materials designed to impress rather than inform. Specific inquiries help evaluate whether attorneys possess necessary construction accident experience for your case's unique challenges.

  • How many construction accident cases have you handled in the past five years?
  • What were your largest construction accident verdicts and settlements?
  • Have you handled cases involving my type of injury before?
  • Do you have experience with the contractors involved in my accident?

Answers to these questions demonstrate actual experience versus marketing claims about construction accident representation that anyone can make without proof.

Case Timeline and Process Questions

Understanding how your case will progress helps you set realistic expectations for duration, costs, and potential outcomes. Ask about typical timelines from filing to resolution in similar cases, including discovery, depositions, and mediation. Learn when settlement discussions usually begin and how long a trial might take so you can plan accordingly.

Clarify communication procedures early to avoid confusion later. Ask how often you’ll receive updates and which communication methods your attorney prefers. 

Find out who you can contact when your attorney is in court or otherwise unavailable, and whether you’ll meet directly with your attorney or mainly interact with staff. Clear expectations at the start help prevent frustration during what can be a long and demanding process.

Choosing the Right Construction Accident Lawyer

When selecting a lawyer, trust both your instincts and objective criteria. A comfortable relationship encourages honest communication about your injuries, limitations, and goals, which is essential for navigating lengthy, complex cases. Avoid attorneys who rush or speak down to you, and choose one who listens and explains clearly.

Meet with several lawyers before deciding. Reputable firms offer free consultations and welcome the chance to earn your trust. Comparing options helps you find the best fit for your needs and personality. Do not rush, even if financial stress makes quick action tempting.

Consider attorney availability and workload. Large firms managing many cases may provide less personal attention than smaller, selective practices. The right balance between experience and individualized care often determines how effectively your case is handled. Lawyers genuinely invested in your outcome tend to deliver stronger results.

Queller Fisher Construction Accident Attorneys in NYC

We have championed injured construction workers across New York City for more than six decades. From our historic Woolworth Building headquarters to our Bronx office, we have secured nearly $1 billion in recoveries for clients facing life-changing injuries. 

Our legal team handles complex construction litigation involving falls, equipment malfunctions, and worksite negligence throughout Manhattan, Brooklyn, Queens, Staten Island, and beyond.

New York’s construction laws require deep understanding, which our attorneys have developed through decades of dedicated practice. We work with accident reconstruction experts, medical specialists, and industry safety consultants to build strong, evidence-based cases. 

Our multilingual team serves New York’s diverse workforce, offering legal services in Spanish, Portuguese, and Chinese. Every case operates on a contingency basis, removing financial barriers for injured workers seeking justice.

Our reputation within the legal community reflects the quality of our work. Other firms frequently refer their most complex construction accident cases to us, trusting our ability to handle challenging multi-party litigation. 

We regularly share our experience through legal education seminars, staying ahead of evolving regulations and courtroom strategies. Our ongoing commitment to excellence leads to stronger cases and better outcomes for construction workers injured on New York job sites.

FAQs for Construction Accident Lawyers

What makes construction accident law different from general personal injury law?

Construction accident law involves specific statutes like New York Labor Law Sections 240(1) and 241(6) that create strict liability for certain violations. These laws provide stronger protections than standard negligence claims. Construction cases also involve multiple defendants, complex insurance issues, and OSHA regulations that general personal injury lawyers may not understand fully.

How long do I have to find and hire a construction accident attorney?

New York generally allows three years to file construction accident lawsuits, but exceptions exist. Claims against government entities require filing notices within 90 days. Evidence preservation and witness availability make hiring attorneys quickly advisable. Early attorney involvement protects rights and strengthens cases through timely investigation.

What if multiple law firms contact me after my construction accident?

Avoid attorneys who solicit directly after accidents, especially at hospitals or homes. Ethical attorneys don't chase ambulances or pressure immediate decisions. Research firms independently rather than responding to unsolicited contact. Choose representation based on qualifications, not aggressive marketing tactics.

How much do construction accident attorneys typically recover for clients?

Recovery amounts vary based on injury severity, liability strength, and insurance coverage. Experienced construction accident lawyers often achieve settlements or verdicts ranging from hundreds of thousands to multiple millions for serious injuries. Specific amounts depend on medical costs, lost wages, pain and suffering, and permanent disability levels.

Do I need a lawyer if workers' compensation covers my construction accident?

Workers' compensation provides limited benefits excluding pain and suffering damages. Third-party lawsuits against property owners, general contractors, and others may yield substantially more compensation. Construction accident attorneys identify all potential defendants and compensation sources beyond workers' compensation.

How does New York law affect my compensation if I was partly responsible for my construction accident?

New York follows a pure comparative negligence standard. This means if a court or settlement determines you were partly at fault for your injuries, your total compensation is reduced by your percentage of fault. An experienced attorney protects your rights by working to assign full liability to the responsible parties.

Contact a Construction Accident Attorney Now

Attorney Dallin M. Fuchs
Dallin M. Fuchs - Construction Accident Lawyer

Delaying legal help can weaken your claim as worksites change and evidence disappears. A skilled attorney acts quickly to secure proof, document injuries, and protect your rights while you focus on recovery.

Call Queller Fisher at (212) 406-1700 today for a free consultation with one of our experienced construction accident lawyers. Don’t let insurers reduce your recovery—get experienced legal representation today.

Schedule a Free Case Evaluation