Last November, our scaffold accident attorneys published a blog post about a scaffolding collapse in SoHo which caused serious injuries to those who were crushed in the wood and metal debris. Unsurprisingly, one of the victims of that accident has chosen to pursue legal action against the owner of the building who she alleges was negligent.
It was around noon and the 33-year-old plaintiff was enjoying her day in SoHo. She was going about her daily business and, like she had countless times before, was walking under scaffolding. Suddenly, her world turned upside down.
In a matter of seconds, a plywood plank broke free in the high winds that were blowing that day and “acting like a sail”, tore through the structure, ultimately causing it to collapse. The plaintiff was trapped under the wood and metal which rained down upon her.
Witnesses immediately called 911 and rushed to her aid, working to dig her out. Despite their quick actions and the fast response of the EMT’s and firefighters, the damage was done. After being rushed to the hospital, she was diagnosed with multiple spinal fractures.
It is because of these injuries that she is now suing the building owner, the construction company performing work at that time, and the company that provided the scaffolding. She alleges that the New York Department of Building officials warned the defendants about the high winds and told them to secure all planking prior to the accident.
She is seeking $50 million in damages.
Anyone who has pulled a muscle in their back understands how horrible back pain can be. Now imagine that the pain isn’t caused by a simple muscle strain but instead by multiple broken bones in the spine which are not only compressed but may also be pushing on nerves and causing limited mobility or paralysis.
There are only two types of treatment available for spinal fractures - surgical or nonsurgical. Unfortunately, while many patients are able to live long, happy lives, most still suffer from ongoing pain and a limited range of mobility - and those are just the mildest of symptoms experienced.
Not only can this type of injury change the activities that a patient can enjoy but it can also cost them thousands of dollars or even millions of dollars in medical expenses. This is why it’s common for the victims of accidents to file a lawsuit - it may be the only way they can recover full compensation which will allow them to get the treatment they need.
Sometimes it’s clear that negligence has occurred and that the victims of that negligence have the right to pursue legal action. There are, however, many times when accident victims are unsure of who was at fault. That’s why it’s always wise to consult with an attorney who can review the case and determine who was at fault.
When clients initially come to us, they are often concerned with the length of time it will take to obtain compensation through a lawsuit. While we can’t ever accurately predict exactly when a lawsuit will reach its conclusion, we can tell you that at the very least, it will take several months and it is not unusual for the legal process to take more than a year.
This might sound overwhelming but it’s important to remember that the wait is worth it. If you don’t fight, you’ll never get the compensation that you need.
The attorneys at Banville Law work on a contingency fee. This means that our fee comes directly out of the settlement or verdict that we win for you. If we don’t win, we don’t get paid. That way you don’t have any additional financial strain.