If you suffer an injury on a construction site in New York, taking timely action is essential. Delays in asserting your rights can jeopardize your ability to secure compensation. Each type of claim has a defined legal deadline, and failure to meet it can result in losing the opportunity to pursue damages.
Understanding the statute of limitations
In New York, the statute of limitations establishes specific timeframes for filing legal claims. For personal injury cases—including those stemming from construction accidents—you generally have three years from the date of the incident to initiate a lawsuit. This limitation applies whether you were a worker, a passerby, or someone injured nearby. If the responsible party is a government entity, the timeline is more stringent. You must serve a notice of claim within 90 days and commence the lawsuit within one year and 90 days.
Why these deadlines matter
Courts will dismiss claims filed after the statute of limitations expires, regardless of their merit. These statutory deadlines ensure both parties can access relevant evidence while it remains available and reliable. Prompt legal action also improves your ability to collect essential documentation, such as medical records, witness accounts, and photographic evidence of the site.
Exceptions to the rule
Certain exceptions may extend the filing deadline. For example, if the injured individual is a minor or deemed legally incapacitated, the statute of limitations may be tolled until the disability ceases. In limited situations, the deadline may also be extended if the injury was not immediately discoverable. However, such exceptions are rare, and courts apply them narrowly. It’s good to proceed as though the clock starts running on the day of the accident.
Do not delay in understanding your legal rights and obligations. Some injuries may not present symptoms immediately, so early awareness of your deadlines helps ensure you’re not caught off guard. Remaining proactive preserves your ability to pursue compensation.