How much time do I have to file a construction accident claim in New York?

Understanding New York’s construction accident statute of limitations

If you’ve been injured in a construction accident in New York, it’s crucial to understand the timeline for filing a claim to secure compensation. Known as the “statute of limitations,” these legal deadlines dictate how long you have to initiate a lawsuit after an accident. Knowledge of the New York construction statute of limitations is essential for those navigating these complex situations.

For more information, call our New York construction accident lawyers at (212) 741-3800.

Statute of limitations for construction accident claims in New York

General guidelines

In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the accident. This means you have three years from the day you were injured at a construction site to file a lawsuit against those responsible for your injuries.

Exceptions and special cases

There are several exceptions to this general rule that might extend or shorten this period:

• Discovery rule – If the injuries were not discovered right away, and could not reasonably have been discovered, New York law allows the statute of limitations to begin from the date the injury was or should have been discovered.
• Government entities – If your injury involves a municipal or state-owned property, or if the defendant is a government entity, you may need to file a notice of claim within 90 days of the incident, and you often have only one year and 90 days to file a lawsuit.
• Wrongful death – If the construction accident resulted in death, the deceased’s family has two years from the date of death to file a wrongful death claim in New York.

Why timeliness matters in filing your claim

Filing your claim within the statute of limitations is critical because failing to do so usually results in the court dismissing your case. This would mean losing any potential compensation for injuries and damages incurred, regardless of the severity of the negligence or the extent of the injuries.

Additionally, initiating legal action promptly helps preserve evidence and witness testimony, which can be crucial in proving your claim. Over time, evidence may be lost or destroyed, and memories can fade, making it more challenging to establish the facts of the case.

Legal assistance from The Weinstein Law Group

Navigating the New York construction statute of limitations can be complex, especially with the various exceptions and specific conditions that could affect your case. The Weinstein Law Group specializes in construction accident claims and can provide expert guidance to ensure your claim is filed promptly and effectively.

From investigating the details of your accident to handling all legal documentation and court appearances, The Weinstein Law Group will manage every aspect of your claim. Our experienced attorneys are adept at negotiating with insurance companies and, if necessary, litigating in court to ensure you receive the maximum compensation possible.

Injured on a construction site? Don’t delay – Call us.

If you or a loved one has been injured on a construction site, consulting with an experienced attorney from The Weinstein Law Group as soon as possible can make a significant difference in the outcome of your case. We can help you navigate the legal complexities and take timely action to secure the justice and compensation you deserve.

For more information or to schedule a consultation, contact The Weinstein Law Group at (212) 741-3800. We’re here to provide you with the legal support you need to move forward confidently.