Legal Question in Personal Injury in New York

Is there a cap amount on pain and suffering in a liability construction accident in NY State? And if so what is it for the injured person and his spouse?

Asked on 2/16/10, 1:07 am

4 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

No there is not. Under NY Labor Law there is no cap on "non-economic damages" i.e. pain and suffering. If you would like to discuss this matter further contact my office at [email protected] and also check out my website at I have represented hundreds of clients and obtained compensation for their injuries.

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Answered on 2/21/10, 5:52 am
Michael Joseph Law Office of Michael H Joseph PLLC

There is no limit on what you can get for pain and suffering. In construction accidents you get workers compensation benefits which are limited and you ccan also sue the landowner and general contractor for labor law vioations such as inadequate safety devices or unsafe work practices. The lawsuit has no limits.

I have handled hundreds of these cases and recovered millions for my clients. If you would to discuss your case please call me at 877 580 6636. I am reacable on weekends and at night.

My website has alot of information on construction accidents which you might find useful. WWW.NEWYORKTRIALLAWYERS.ORG

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Answered on 2/21/10, 7:04 am
David Slater David P. Slater, Esq.

No, but the seriousness of the injury may affect the WC lien and whether the employer can be added as a party.

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Answered on 2/21/10, 8:25 am
Jason A. Richman Jason A. Richman, Esq.

In New York State there is no limit on the amount that can be awarded in a personal injury lawsuit to an injured construction worker hurt on the job. This is dependent upon either negligence or statutory violations being found to have been a cause of the injury. However, in reality there is a difference between what can be awarded and what can be collected. This depends on the assets of the defendants and the limits of their insurance policies. So if after the lawsuit is filed the defendant GC dismantles the company, scattering whatever unsecured assets it may have had because he had no insurance and the property he was building on got foreclosed upon and taken back by the bank. You need to work with an attorney to answer the question of what your case is really worth, and the attorney best placed to accurately answer this question is your own.

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Answered on 6/07/10, 1:04 pm

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