What is the statute of limitations for construction accident claims? The statute of limitations controls how long you can wait to file your claim before the court dismisses your claim. This time limit varies depending on your state.
Many states, including New York, give workers around three years to file a claim. A New York City construction accident lawyer from our team at the Morelli Law Firm can provide you with more detailed information about deadlines for your claim.
We can also help you review options to seek compensation after an accident. Find out more by calling or completing our online contact form.
What’s the Statute of Limitations for a Construction Accident Case?
Section 214 of New York’s legal code gives you three years to file a personal injury claim after an accident, including construction accidents. However, other states may give you less time to proceed with a case.
Generally, you file a claim in the state where your construction accident took place, so it’s essential to review the laws for different areas. For example, New Jersey only has a two-year statute of limitations.
An attorney can review your situation and provide information about your specific deadline.
Are There Exceptions to the Statute of Limitations?
Many states, including New York, have some exceptions to the statute of limitations. For example, you may have more time to file a claim if:
- You were under 18 at the time of the accident
- You were considered of unsound mind at the time of the accident
- The party who caused your accident left the state
Your attorney will review the specifics of your claim to see precisely how long you have to move forward with your case.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Workers’ Compensation Claims Have a Different Statute of Limitations
New York only gives construction workers two years to file a workers’ compensation claim for compensation, less than the time available for a personal injury lawsuit.
Many individuals seek workers’ comp coverage for on-the-job accidents, especially since New York generally won’t allow you to sue your employer. However, you may file a lawsuit in cases involving a third party.
We can review your situation to see if you have a valid construction accident claim.
What Happens if You Wait Too Long to File a Construction Accident Claim?
Individuals who wait too long to file a claim may exceed the statute of limitations. In this situation, the court can dismiss your request for compensation, preventing you from securing funds to cover your:
- Current and future medical bills
- Lost pay
- Diminished earning potential
- Pain and suffering
Therefore, it’s essential that you begin the legal process quickly after a construction accident. Getting help immediately protects your right to secure maximum compensation for your losses.
What Are the Benefits of Contacting a Lawyer Immediately?
Reaching out to a construction accident attorney right away after an injury can help you avoid issues with the statute of limitations. Getting fast help also:
Ties Your Losses to the Accident
Your employer and other liable parties may argue that your accident didn’t cause your injuries or financial losses. They will have an easier time making this argument if you wait a significant amount of time before filing your claim.
Beginning the legal process quickly can establish that the accident directly caused your injuries.
Helps Your Lawyer Investigate
Your lawyer can begin the investigative process quickly after an accident. Getting started right away makes it easier for your lawyer to collect evidence on your behalf, as your legal team can interview witnesses before they forget what happened.
Protects Your Compensation
Your New York personal injury lawyer will start representing your best interests immediately. Our team can protect your claim by taking over communications with your employer and insurance companies.
We also track all the losses you sustain, collecting documents that show the extent of your losses.
What Else Should You Do After a Construction Accident?
You may want to take a few steps immediately after a construction accident. Make sure that you seek medical treatment for any injuries you sustained to connect them to your accident and boost your odds of recovery.
You should also report the accident to your employer immediately. Make sure that you request a copy of the accident report to build your claim.
If possible, we recommend getting pictures of the accident site and your injuries. You may also write down contact information for any witnesses.
Speak to Us About the Statute of Limitations for Construction Accident Claims
What is the statute of limitations for construction accident claims? Deadlines for these claims vary by state. In New York, you may have two years to file a workers’ comp claim or three years to file a personal injury lawsuit.
You can learn more about the specifics of your situation with our team at the Morelli Law Firm. Call or complete our online contact form to speak with a legal professional.