Most construction accident lawsuits in New York must be filed within three years of the date of the accident. However, certain circumstances can shorten or extend New York’s personal injury statute of limitations, making it important to understand which rules apply to your case.
With more than 20 years of combined experience, our New York construction lawyers help injured workers and families understand their rights and legal options. At Chopra & Nocerino, we are prepared to evaluate your claim, determine the applicable deadlines, and make sure your lawsuit is filed before time runs out.
- Most New York construction accident lawsuits must be filed within three years, but certain circumstances can shorten or extend that deadline.
- Claims involving government entities, wrongful death cases, and late-discovered injuries often follow different filing rules and time limits.
- Because missing a deadline can prevent you from recovering compensation, it is important to speak with a construction accident attorney as soon as possible to determine which deadline applies to your case.
Is the Deadline Shorter if a Government Entity Is Involved?
Yes. If a municipal or other public entity may be responsible for a construction accident, shorter deadlines may apply. In many claims against New York municipalities and public corporations, you must serve a Notice of Claim within 90 days before filing a lawsuit. If the claim is not resolved, the lawsuit generally must be filed within one year and 90 days.
These rules can vary depending on the entity involved, such as a city, county, public authority, state agency, or federal entity. Extensions may be limited, and missing a notice or filing deadline can prevent you from pursuing compensation from that public entity.
How Long Do You Have to File After a Fatal Construction Accident?
If a loved one dies in a construction accident, the personal representative of their estate generally has two years from the date of death to file a wrongful death claim. This type of claim seeks compensation for the losses surviving family members have suffered because of their loved one’s death.
How Are Your Workers' Comp Deadlines Different?
Workers’ compensation
claims have different deadlines from construction accident lawsuits. You must notify your employer about the accident within 30 days and file your workers’ compensation claim within two years. Workers’ compensation is a separate process from filing a lawsuit, and filing a claim does not extend the deadline to take legal action.If you receive workers’ compensation benefits, you generally cannot sue your employer for damages. However, you may still have the right to pursue a claim against a third party whose negligence contributed to the accident, such as a contractor, property owner, or another responsible party.
Can a Late-Discovered Injury Extend Your Deadline?
Sometimes, but only within certain limits. New York has a discovery-based deadline for certain injuries caused by the latent effects of exposure to substances, such as asbestos, silica, lead, or other hazardous materials. In those cases, under the state’s statute of limitations, the filing period may run from the date the injury was discovered or reasonably should have been discovered, rather than the original exposure date.
This rule does not apply to every injury that becomes worse or is diagnosed later. Other tolling rules may apply in limited situations, including when the injured person is a minor or is under a legally recognized disability under New York law. Because these exceptions are narrow and fact-specific, an attorney should review the facts as soon as possible.
Talk to a New York Construction Accident Attorney Before Your Deadline Passes
The time you have to file a construction accident claim in New York depends on the facts of your case. Depending on the circumstances, you may have years to file, or only a matter of months. Waiting too long can put your right to compensation at risk.
At Chopra & Nocerino, our New York construction accident lawyers are here to help. Contact us online or call (855) NYC-HURT today for a free consultation. We will evaluate your case and determine the applicable deadline so you can make informed decisions about your next steps.
