What if you file a claim and the people don't show up?

Thank you for your inquiry. Because I am unaware of the specific details of your case, I will respond to your question generally.  The NYS Civil Practice Law and Rules (CPLR 3122) provides that a lawsuit is commenced by serving a Summons and Complaint upon the defendant. The Complaint will contain paragraphs which clearly state the various causes of action that you are making against the defendant - this is true in a construction accident case, or any other type of case. Once the defendant has been served with the Complaint, the defendant has either 20 or 30 days (depending on whether the service was made personally or otherwise) to serve an Answer to the Complaint. If an Answer is not served then your attorneys may apply to the Court for a judgment in your favor - on default - also known as a default judgment. Because the default judgment only determines issues of liability, you will still have to prove that you are entitled to money damages in what is called an "inquest."