QUESTION
Is there any way to know how this kind of legal issue may unfold? And what is the best way to manage legal fees through the process?
Asked on Apr 27th, 2013 on Personal Injury - New York
More details to this question:
I scheduled a pick-up of material from a construction job site in New York City. In the course of the material being loaded onto a truck with a crane, a worker at the site was injured. It's been close to three years since the incident and the injured party is suing companies involved at the job site - naming the construction company, building owner, independent truck company, our company and perhaps others. We didn't own the material at the time, but the injured party’s law office is saying that we are liable for scheduling the truck. I'm not certain yet if I had general liability to cover such an incident and a remote location, and I was only established as a sole proprietorship at the time. The site belonged to a wealthy institution and the contractor was relatively large in the industry, though we are a small company.
1 ANSWER
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It's been close to three years and you're not certain yet if you had general liability coverage? That's your central problem right now. Your next problem is that you are going on-line to get free advice rather than hiring a lawyer, which is what you should be doing. The "good" news, if you can call it that, is that you are not a "target" defendant. The central players are the building owner and the GC, plus the crane company unless the injured party was their employee. The best way to manage legal fees is to hire a lawyer right away, and have him/her request an extension of time in which to answer, pending coverage. That lawyer can also take matters up with whatever insurer you may have had, so as to try to gain you coverage. If successful, the insurance company may have to reimburse you for the intervening legal expense. Finally, whoever represents you, a private attorney or one engaged by the insurance company, may be able to get you out of this, as your company's involvement was tangental at best.
Answered on Apr 30th, 2013 at 11:57 AM