The “statute of limitations” refers to the time limit set by law within which someone can file a lawsuit after an event that causes harm or injury. This legal framework encourages prompt resolution of issues and ensures that legal actions are taken while evidence is still fresh and available. After the statute of limitations expires, the injured party typically loses the right to file a claim related to that injury.

With the guidance of our Suffolk County construction accident lawyers, we’ll protect your rights and work toward recovering full compensation. Contact us online or call (631) 543-7070 today.

statute of limitations construction

Overview of statutes of limitations for construction injuries

The statute of limitations for construction injuries primarily involves personal injury, wrongful death, and property damage claims. These time limits are critical to ensure that claims are made while evidence is fresh and witnesses’ memories are clear. Here’s a closer look at the specific statutes.

Personal injury claims

In New York, the statute of limitations for personal injury claims related to construction accidents is three years from the date of the injury. If you are injured on a construction site, you must initiate a lawsuit three years from the injury date. This is established under New York Civil Practice Laws & Rules Section 214.

Wrongful death claims

If a construction accident results in death, the deceased’s family has two years from the date of death to file a wrongful death claim. This shorter timeframe underscores the importance of taking prompt legal action in the tragic event of a fatal construction incident. See details of New York Estates, Powers & Trusts Law Section 5-4.1.

Property damage

For property damage claims resulting from construction activities (e.g., damage to adjacent properties), the statute of limitations is three years from the date the damage occurred. This is consistent with personal injury claims in New York Civil Practice Laws & Rules Section 214.

Carner & DeVita’s role in managing construction injury claims

Carner & DeVita specializes in construction injury claims, providing expert legal guidance to ensure all aspects of your case are handled within the statutory deadlines. Our services include:

  • Case evaluation – Assessing the details of your case to determine the applicable statute of limitations and the best course of legal action.
  • Evidence collection – Gathering and preserving all necessary evidence, including witness statements, medical reports, and construction site records, to build a robust case.
  • Negotiations and litigation – Representing clients in negotiations with insurance companies and, if necessary, pursuing litigation to secure the compensation deserved.

Tips for managing the statute of limitations in construction injury cases

  • Document everything – Keep detailed records from the date of the injury, including medical records, work logs, and any communication related to the incident.
  • Seek immediate legal advice – Contact a lawyer as soon as possible after the incident to ensure your claim is filed within the statutory limits.
  • Understand your rights – Be aware of your legal rights and the timelines you need to adhere to to avoid having your claim dismissed due to timing issues.

We understand the importance of timeliness in construction injury cases

With the support of Carner & DeVita, you can navigate these timelines effectively, ensuring your rights are protected and you receive the compensation you deserve for any injuries sustained on construction sites.