Have you been injured or lost a loved one in a construction accident in Albany, Syracuse or elsewhere in New York State? Do you believe your injuries may have been caused by unsafe conditions at the job site?
If so, you have only a limited period of time in which to file a legal claim. This is called the “statute of limitations.” The time constraints that apply to your case will depend on the nature of your claim and the identity of the party you seek to hold responsible for your losses.
At Powers & Santola, LLP, our construction accident lawyers have extensive experience with seeking compensation for injured construction workers and their families. However, it takes time to investigate and prepare a case for filing. This is why you should contact us right away for a free consultation about your case.
Statutes of Limitations in New York State
The following are the statutes of limitations that may apply to your construction injury claim:
- Personal injury – You are allowed three years from the date of your accident to file a claim against an owner, contractor or one of its agents whose negligence caused you to suffer an injury.
- Personal injury claims against a state agency – You must put the state on notice that you intend to sue within 90 days of the date of your accident. Your lawsuit must be filed within two years from the date of the accident.
- Personal injury claims against local government agencies – You are required to provide notice to the municipality or entity that you are planning to sue within 90 days of your accident. The lawsuit itself must be initiated within one year and 90 days from the date of the accident.
- Wrongful death – If you lost a loved one in a New York construction accident and you believe you have a claim for wrongful death, a lawsuit must be initiated within two years from the date of your loved one’s death.
There are many exceptions to these time limits. An experienced construction accident lawyer can identify whether any of those exceptions apply to your case. Even if it appears that the filing period has expired, you may still be eligible to bring a claim. It is important to have your case reviewed.
What ‘Filing an Injury Claim’ Means
To file an injury claim, much work must be done, including preliminary investigation of the construction accident, review of medical records and consultation with experts.
After a claim is filed in the proper court, it does not mean that a case will go to trial right away. Instead, it begins a process called discovery, in which both sides seek information from each other. There may also be several pre-trial motions filed by the parties.
Prior to trial, the parties will seek to negotiate a settlement. These negotiations may be facilitated by a neutral mediator. If these negotiations fail to resolve a case, it will then proceed to trial. However, even during or after a trial, a settlement may still ultimately be reached.
Don’t Delay Taking Action: Contact a New York Construction Accident Lawyer
The lawyers of Powers & Santola, LLP, have focused for many years on protecting the rights of construction workers and their families in Albany, Syracuse and across New York State. Attorney Daniel R. Santola has written and lectured throughout the state and the country on construction accident litigation. We can use our skills and experience in this unique area of the law to seek the compensation you deserve. It is important to get started without delay. Contact us today. We will provide a free consultation and help you to understand your options moving forward.