How Long Do I Have to File a New York Construction Accident Claim?

Lever & Ecker, PLLC September 21, 2022 Construction Accidents,Personal injury

If you work on a New York construction site, you understand the potential dangers of the job. Despite this recognition, you may sustain injuries due to another party’s negligence. Unfortunately, construction accidents aren’t uncommon, with over 5,200 construction worker fatalities in 2018 throughout the United States. Construction accident injuries can significantly and permanently damage your life, and you deserve compensation for these losses. Our experienced team at Lever & Ecker, PLLC may be able to represent you and fight tirelessly for the compensation you deserve for your injuries.

When it comes to construction accident claims, New York has laws in place regarding how long you have to start a lawsuit. These deadlines are known as statutes of limitations. These laws may be complicated, but we are here to help you understand them, how they may impact your claim, and how we can support you.

What is New York’s Statute of Limitations for Construction Accident Claims?

If you have sustained injuries in a construction accident, New York law typically gives you three years from the date of the incident to start your lawsuit or otherwise file your claim. However, that deadline may be far shorter than three years in certain circumstances, such as where the wrongdoer is a municipality or public authority, in which case an additional document called a notice of claim must be submitted within just 90 days after the incident. It is extremely important that you discuss these deadlines with an attorney as soon as possible following the incident in order to ensure that your claim is filed in a timely manner.  

Complying with the applicable statutes of limitations is crucial for your case and getting compensated fairly. If you file your claim after the applicable statute of limitations passes, the defendant will likely file a motion to dismiss your claim altogether. If the court agrees and dismisses your case, you will forever lose the opportunity to pursue your case to recover the damages you rightly deserve. Therefore, if you think you may have a potential claim, do not delay and contact us as soon as possible.

Exceptions to New York’s Construction Accident Statute of Limitations

Typically, the statute of limitations is a hard and fast rule, preventing even meritorious claims from being brought even a single day after the applicable deadline. However, there are certain situations where an exception may apply, for example, if you are a minor at the time of the accident, or have a legal disability that prevents you from exercising your legal rights. 

If you are seeking to file a claim past the applicable deadline and believe that an exception applies to your situation, you should speak with a qualified construction accident attorney as soon as possible to discuss your options. We at Lever & Ecker, PLLC, may be able to help you discover if you qualify for an exception to the deadline, to then determine the best path forward to build the strongest case possible.

How Can a Lawyer Help With Your New York Construction Accident Claim?

Due to the complex nature of these claims and the relevant statutes of limitations, contacting a lawyer is a crucial step to take after your accident. We have experience working on all types of construction accidents, including the following:

  • Roof and ladder falls
  • Scaffolding falls
  • Crane accidents
  • Falling objects and debris
  • Electrocution
  • Forklift accidents
  • Dangerous tools and machinery
  • Equipment malfunction
  • Explosions and fires
  • Toxic chemical exposure
  • Welding and brazing accidents

No matter the circumstances and scope of your accident, we have the skills and resources to fight on your behalf to obtain maximum justice and compensation for your injuries. Our attorneys manage all aspects of your claim from start to finish in the following ways:

  • Answering your case-related questions
  • Conducting a detailed investigation
  • Discussing claims with insurance companies
  • Establishing liability 
  • Commencing a lawsuit
  • Negotiating settlement offers
  • Proceeding to trial if necessary

We understand the legal process that follows a construction accident can be intimidating, but you do not have to go through it alone. Our compassionate team will help take the weight off your shoulders and manage your claim so you can focus on your physical, mental, and emotional recovery. 

Speak With a Trustworthy New York Construction Accident Lawyer at Lever & Ecker, PLLC

If you have suffered injuries from a construction accident through no fault of your own, you should prioritize your health and recovery. However, this can be difficult with the legal process that follows these situations. You deserve lawyers who will advocate for you and work on your behalf to achieve the compensation to which you are entitled to your losses.

At Lever & Ecker, PLLC, we have 60+ years of combined experience advocating for New York personal injury victims. We always have your best interests in mind and will fight for the compensation you deserve while holding the negligent party accountable. Our award-winning construction accident lawyers provide innovative legal services you can trust to achieve a successful settlement. To schedule a free consultation, call us at (914) 288-9191 or (718) 933-3632 or fill out our contact form.

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