The amount of time that an injured construction worker has to file a lawsuit is limited by the statute of limitations.
Each state has its own time limits that restrict the amount of time you have to bring a lawsuit. These time limits are known as statutes of limitations. In New York, the statute of limitations for personal injury cases is generally three years. This means that if you have been injured in a construction accident and wish to file a lawsuit under Section 200, 240, or 241 or the New York State Labor Law, you have three years from the date of your accident to do so. If a construction accident caused the wrongful death of your loved one, New York law states that you have two years from the date of death to file a wrongful death suit. However, in some cases the statute of limitations is much shorter. For example, if a New York municipality is the defendant, you may have as little as 90 days from the date of the accident to file your claim.
If you fail to file your claim within the applicable statute of limitations, it will be forever barred and you will lose your right to recover any compensation for your injuries or for the wrongful death of your family member. As a result, it is important to contact a qualified New York construction accident attorney as soon as possible after the accident takes place. Your attorney will know which statute of limitations that applies to your case and will ensure that your claim is filed before the statute of limitations expires. In addition, the sooner you contact a construction injury attorney, the sooner he or she can begin investigating the circumstances of the accident and preserving evidence that can be used to substantiate your claim.
If you or a loved one has been injured in a New York construction accident, the lawyers at Block O'Toole & Murphy can provide additional information about the statute of limitations on your case, as well as your right to recover damages. Fill out the Free Case Evaluation form to speak to a New York construction accident lawyer now.