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Deadlines you need to know after a construction accident in New York

Construction related injuries are a big problem in New York, and hit an especially big spike in 2015 when the number of accidents jumped from 231 in 2014 to 433 a year later. In 2015, The New York City Department of Buildings records showed a total of 471 hard hats and pedestrians hurt, a figure nearly doubled from a year before.

If you are injured or if a loved one is killed due to one of the many construction accidents that happen in New York, you might consider filing a personal injury or wrongful death lawsuit. Recovering from these types of injuries can be difficult and expensive, but still many people hold off on filing a claim for one reason or another. If their construction accident happened at work, they may have thought that filing a workers' compensation claim with the insurance company should be sufficient, only to discover that the amount they receive from such a claim barely scratches the surface.

Statute of limitations in construction accidents

The State of New York lists various statutes of limitations that are applied when it comes to suing others for crimes and injuries. The limits to file a case depend on the type of injury.

With most types of physical injuries, you have three years to file a claim. This includes slip-and-fall claims, car accidents, product liability, emotional distress and other claims that are prompted by negligence. Wrongful death claims must be filed within two years.

Additionally, if a claim is to be made against New York State or New York City, the time limits are greatly reduced. In these instances, there is only 90 days allowed to announce a claim and an additional year to file it.

When fault is not clear

Sometimes it is not clear where the fault lies in a construction accident, whether it is purely the employees fault or if others, such as property owners, might share in the fault as well. If blame lies in multiple places, it is possible that a person could have both a valid workers' compensation claim and a personal injury claim.

If you've been injured in a New York construction accident, it is best to discuss the possibility of a claim as soon as possible, whether you have a workers' compensation claim or not. A good attorney can help you gather the evidence you need and present your case.

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