In 2007, construction worker Victor Munoz was working at a Times Square hotel when he suffered traumatic brain injuries as a result of falling from a ladder at the site.
Mr. Munoz was near the hotel loading dock, painting a beam, when the ladder became unsteady, causing him to lose his balance. He fell and landed on the concrete below, striking his head on the pavement. Sadly, this devastating work-related accident caused Mr. Munoz to suffer permanent brain damage, resulting in a loss of hearing on his right side and the inability to keep his balance.
The New York personal injury lawyers of Hach & Rose, LLP, represented Victor and his wife, Elvia, in a lawsuit against the Hilton Hotel Corporation. The jury in the case determined that the hotel property owners were negligent in their safety procedures, and therefore awarded $13,020,857 to Mr. and Mrs. Munoz. The award includes compensation for medical bills, lost wages, as well as pain and suffering.
For more information regarding this case, please click here.
The construction and repair of roads, buildings, and bridges will always be needed as they make up the very infrastructure of modern society. At times, though, working on such projects can be hazardous to those on the job site due to the negligence of others. When, in New York, a construction worker is injured due to the negligence of a municipality, there is a requirement that the injured worker file a notice of claim within ninety (90) days of the accident in order to proceed with a possible suit.
An example of the notice of claim requirement is embodied, in relevant part, in General Municipal Law § 50-e: A notice of claim is required to be filed “within ninety days after the claim arises . . . and shall set forth . . . (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable . . . .”
Quite often there are circumstances where construction workers are injured on municipal property during the construction of municipal buildings, schools, and roadways. In many circumstances when workers are not aware of the notice of claim requirement and fail to contact an attorney within ninety (90) days of the accident, their claims are not preserved and their ability to file a lawsuit can be relinquished forever. Failure to file a notice of claim can prevent a person from recovering lost wages, benefits, past and future medical expenses, and pain and suffering damages.
If you are hurt in a construction accident and it may be due to the negligence of a municipality, it is important to file a notice of claim within ninety (90) days of the accident.
Our firm has achieved jury verdicts and settlements for injured individuals in the amounts of $13 million, $8 million, and $6 million, in addition to many others.
If you need legal help following a construction accident, contact the New York personal injury attorneys of Hach & Rose, LLP, today.
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