The New York construction accident statute of limitations is generally three years. If, tragically, you find yourself needing to file a wrongful death lawsuit after a fatal construction accident has taken the life of a loved one, you typically only have two years to do so in New York.
You should be aware of these filing deadlines, as they will play a major role in your case. Failing to file within the legal time limit could cause you to lose your right to compensation.
Taking time to consider your options after an accident is normal, but delaying action for too long can have devastating consequences with respect to your right to recover needed compensation. A New York construction accident lawyer will explain the statute of limitations and other deadlines to remember so you will be able to file a lawsuit in a timely manner.
- What Is the Statute of Limitations to File a Construction Accident Lawsuit in New York?
- The Deadline for Injured Workers to File a Workers’ Comp Claim After an Accident in New York
- What Damages Could You Recover From the Negligent Party After a Construction Accident in New York?
- How Will a Construction Accident Lawyer Build Your Case?
- What Happens If You Don’t File a Construction Accident Lawsuit Before the Statute of Limitations Expires?
- Learn More About the Construction Accident Statute of Limitations in New York Today
What Is the Statute of Limitations to File a Construction Accident Lawsuit in New York?
The statute of limitations is the amount of time you have after an accident to file a personal injury or wrongful death lawsuit. Your case will have a deadline that you must meet if you intend to pursue recovery of compensation through the legal system.
In New York, you typically only have a short window of three years to file a personal injury lawsuit, according to CPLR § 214. If you lost a loved one because of a construction accident, you have even less time, two years, to file a wrongful death lawsuit, according to EPT § 5-4.1.
An attorney with experience handling construction accident claims will be able to file a lawsuit on your behalf and meet all deadlines in your case.
For a free legal consultation, call 516-932-0400
The Deadline for Injured Workers to File a Workers’ Comp Claim After an Accident in New York
After you suffer an injury in a construction accident, it is crucial that you inform your employer as soon as possible to begin a workers’ compensation claim. You have 30 days to inform your employer of your injury, which is a very short time. The longer you wait to inform your employer, the more challenging it could be to recover benefits.
If you develop an occupational illness from working in construction, you only have two years from the date of diagnosis to notify your employer. A personal injury attorney will be able to assist you in filing a workers’ compensation claim, so you receive the benefits you deserve.
What Damages Could You Recover From the Negligent Party After a Construction Accident in New York?
When you file a personal injury or wrongful death lawsuit, you are demanding compensation from the liable party. This helps you hold the person who caused the construction site accident accountable.
Construction accidents often result in severe injuries that require serious medical attention and prevent you from working to earn an income. Your lawyer will be able to determine which damages apply to you, including:
- Medical expenses and the cost of future medical treatment
- Emotional distress
- Mental anguish
- Diminished quality of life
- Lost income
- Reduced earning capacity
- Funeral costs
- Child care
- Home modifications
- Pain and suffering
- Household services
Your lawyer will be able to calculate the value of your case. A lawsuit, and our goal when you retain our law firm to represent you, is not only about recovering compensation for damages, but it’s also about getting justice by holding the liable party responsible for their negligence.
How Will a Construction Accident Lawyer Build Your Case?
Personal injury lawsuits are often complex, depending on how much compensation is at stake, and the legal process often takes time to unfold. Building a case is a lot of work, but a personal injury lawyer will lift this burden off your shoulders and handle your case so you will be able to focus on healing or grieving.
We strongly recommend consulting with an attorney as soon as possible after an accident so you receive the benefits of legal representation sooner rather than later. When you hire a construction injury lawyer, they will:
- Investigate the cause of your injuries to determine the facts of your case.
- Identify the liable party or parties.
- Collect evidence to prove negligence by the liable party and support your claim.
- Communicate with you and provide you with frequent updates.
- Calculate the value of your claim.
- Negotiate a settlement with the liable party and the insurance provider that adequately covers your losses.
- Advocate for your best interests and protect your rights.
- Even the playing field as the liable party and the insurer will have lawyers of their own.
- Meet all deadlines, including the statute of limitations in your case.
- File a lawsuit if called for and represent you in court.
You deserve financial compensation after you suffer a construction accident injury. Construction site injuries often take years to recover from, and you should not have to pay for the cost of treatment on your own. An attorney will help you take legal action against the at-fault party.
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What Happens If You Don’t File a Construction Accident Lawsuit Before the Statute of Limitations Expires?
If the statute of limitations expires in your case before you file a lawsuit, you will lose your right to recover compensation through the legal process. We encourage you to consult a law firm as soon as possible after an accident so we have time to build your case.
A construction accident lawyer from our firm will work to meet all deadlines in your case so your option to file a lawsuit remains on the table.
Learn More About the Construction Accident Statute of Limitations in New York Today
Our law firm will not only work to meet the statute of limitations in your case, but we will also travel to your location on Long Island or within the New York metro area to discuss your case with you if you can’t come to us. We are passionate about representing victims like you and holding the negligent party accountable.
If you or someone you love has injuries and financial losses after a construction accident, a member of the Friedman & Simon, L.L.P. legal team is ready to discuss your case with you.
To learn more about the period of time you have to file a construction accident lawsuit or to discuss your case with us, please call for a free consultation today.