What is the Statute of Limitations for a Construction Accident Claim?

After being involved in a construction accident, your initial focus will be on your treatment and healing. Despite not being in a position to focus on the legal aspects of your accident, you may have to hire an attorney immediately because you have limited time to file a lawsuit depending on the state you are in. The statute of limitation for filing a claim against the liable party in many states is 2 to 3 years from the date of the accident.

What is the statute of limitations?

The experienced construction accident lawyers at Friedman Levy in New York have provided very important information regarding the explicit timeframe for filing your claim. A lawsuit can be dismissed if it is brought after the stipulated legal deadline. Different states have different deadlines for filing a lawsuit. For instance, the deadline in New York City and Michigan is 3 years from the date of the accident. When you work with a lawyer, they will help you file the claim and get compensation even before the legal deadline is up.

Exceptions to the time limit

Sometimes, the deadline can be extended through a tolling rule, which gives casualties extra time before the legal timeframe begins. However, the extension of the deadline only occurs under specific reasons such as

Physical incapacitation

This happens when the casualty is in a coma or is too injured to file a claim or give a testimony. In such a case, the victim can wait till they have healed and are physically capable of filing a lawsuit without worrying about the legal deadline.

Mental incapacitation

Suppose the victim is suffering from mental conditions, psychological conditions, or emotional injury that prevents them from thinking clearly and providing reliable testimony. In that case, they can wait till they have recovered without being affected by the time limit.

Being a minor

Some construction sites allow minors to work. If a minor has been injured while working on a construction site or as a passer-by, they will have 2 years after they turn 18 to file a claim in court. However, an adult can file the claim on behalf of the minor.

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Defendant being out of state

If the defendant leaves the state for a certain amount of time, the deadline will be extended until he or she returns. Thus, if a defendant comes back after 5 years following an accident, the plaintiff can still file a claim and will be able to pursue compensation for the next 2 years.

If war occurs

If the country gets into a war, the deadline will be temporarily suspended because the country may be under attack, or the affected parties may sign up for service.

Conclusion

It is advisable to hire a lawyer and file a claim after a construction accident. In fact, the earlier you partner with an attorney, the better. This will prevent you from missing the timeframe of filing the claim. Moreover, it will also allow your lawyer to start drafting the necessary court documents, gather statements from witnesses, preserve evidence and ensure you get a maximum settlement as soon as possible.