Kitson said only a single screw was holding the heavy crucifix to its base.
"There was no anchoring system, just that one screw," he said.
The church raised more than $7,000 for Jimenez and his family, but Kitson said his client has been unable to work since the accident.
Frank Raia of Rikin Radler, the New York law firm representing the church, wouldn't discuss specifics of the case. The church is part of the Archdiocese of New York, which isn't named as a defendant in the lawsuit, Raia said.
"Although the archdiocese and St. Patrick's Church recognize and understand this was a terrible accident and they have empathy for Mr. Jimenez and his family, it's our position that of the diocese and St. Patrick's Church are not liable for the accident."
Kitson's law firm said Wednesday that David Jimenez isn't doing interviews with the media.