How Long Do I Have to File a Construction Accident Lawsuit in New York?
Construction sites are inherently dangerous environments, especially when property owners and contractors fail to provide a safe environment and adequate protections required by law. When accidents occur, they can have devastating consequences for workers and their families. Accident victims may be entitled to file a claim or lawsuit to recover compensation for their injuries, but only if they file their claim inside the applicable statute of limitations, which is a legal deadline for filing lawsuits. Below we discuss what you need to know about filing a construction accident lawsuit in New York. For advice and representation tailored to your specific circumstances, contact Leandros A. Vrionedes, P.C., to speak with an experienced and dedicated New York construction accident lawyer.
The Statute of Limitations for New York Construction Accident Lawsuits
The statute of limitations sets a legal deadline by which you must file your lawsuit. In New York, the statute of limitations for most personal injury cases, including construction accidents, is three years from the date of the accident. This means that if you were injured on a construction site, you generally have three years from the date the injury occurred to file a lawsuit against the responsible parties.
Failing to file within this time frame can result in your case being dismissed, and you will lose your right to pursue compensation for your injuries. Therefore, it’s essential to act quickly to ensure your case is preserved and that all evidence is properly collected and maintained.
Special Circumstances That May Affect the Timeline
While the three-year statute of limitations is the general rule for personal injury cases, there are exceptions and specific circumstances that may alter this timeline.
1. Wrongful Death Claims
If a loved one tragically lost their life due to a construction accident, the statute of limitations for a wrongful death claim in New York is two years from the date of the person’s death. It’s important to note that the two-year period starts from the date of death, not the date of the accident.
2. Claims Against Government Entities
If your construction accident claim involves a government entity or public agency, such as a city-owned construction project, the rules become more complex. In these cases, you must file a notice of claim within 90 days of the accident. If you fail to do so, you may forfeit your right to sue. Following the notice of claim, you have one year and 90 days from the date of the accident to file a lawsuit.
3. Workers’ Compensation vs. Third-Party Claims
If you are injured on the job, workers’ compensation may cover your medical expenses and a portion of your lost wages. However, if your accident was caused by the negligence of a third party, such as a subcontractor or equipment manufacturer, you may also be able to file a third-party personal injury lawsuit. The three-year statute of limitations generally applies to these third-party claims, while the New York workers’ compensation system has a set of timelines all its own.
What Happens if You Miss the Deadline?
If you fail to file your lawsuit within the statute of limitations, the court is bound to dismiss your case on a motion from the defendant, barring you from recovering any compensation. This outcome can be devastating, especially if you are facing medical bills, lost wages, and other financial burdens from your injuries. Therefore, it is crucial to consult with an experienced New York construction accident lawyer as soon as possible to ensure your rights are protected.
Steps to Take After a Construction Accident
Taking immediate action after a construction accident can strengthen your case and improve your chances of a successful outcome. Here are some steps you should consider:
- Seek Immediate Medical Attention: Your health and safety should be your top priority. Even if your injuries seem minor at the time, it’s essential to get evaluated by a medical professional to rule out any hidden or latent injuries.
- Report the Accident: Notify your employer or supervisor about the accident as soon as possible. This step is necessary for any workers’ compensation claim and can help document the incident.
- Document the Scene: If you are able, take photos or videos of the accident scene, your injuries, and any hazardous conditions that contributed to the accident.
- Gather Witness Information: Collect the names and contact details of anyone who witnessed the accident. Their statements may be crucial to your case.
- Consult an Experienced Lawyer: A knowledgeable construction accident lawyer can guide you through the legal process, investigate the circumstances of your case, and ensure you meet all filing deadlines.
Why Time Is of the Essence
Waiting too long to take legal action can be detrimental to your case. Evidence can be lost, witnesses’ memories may fade, and crucial details may be harder to verify over time. Additionally, building a strong case often requires a thorough investigation, which can take time. The sooner you consult with a personal injury lawyer, the better your chances of securing the compensation you deserve. By taking steps toward litigating the case, the insurance company on the other side will know you are serious about pursuing your claim and have a strong position.
Contact Leandros A. Vrionedes, P.C. Today
If you or a loved one has been injured in a construction accident in New York, don’t wait to seek legal guidance. At Leandros A. Vrionedes, P.C., we understand the challenges injured workers face and are committed to fighting for your rights. Contact us today at 212-889-9362 for a free consultation and let us help you with your case, including ensuring that all legal deadlines are met.
Taking timely action is key to protecting your right to compensation. Don’t risk missing out on the justice you deserve—reach out to our experienced legal team today.
