When you get hurt on a New York construction site, life doesn’t stop. Bills come in, medical appointments add up, while paychecks often stop. It is normal to wonder, right from the start: How long does a construction accident settlement take in New York?
There is no set timeline for these cases. Some settle in a few months, while others take a year or more. New York’s strong worker protection laws also mean the legal process is detailed. You deserve a realistic idea of how long things take, not just a guess.
This guide explains why the process takes time, what to expect at each step, and how our construction accident lawyer can help move your case forward without compromising its value.
What Drives the Construction Injury Claim Process in NYC?
Construction site injuries trigger several possible legal paths. Workers’ compensation is typically available to employees who are injured on the job. While workers’ comp covers medical bills and part of your lost wages, it does not compensate you for pain, long-term disability, or reduced earning capacity. That is why many injured workers also pursue third-party claims to hold non-employer parties accountable for unsafe job conditions. Those injured but not employed by the construction site are also able to pursue personal injury claims.
These overlapping legal avenues can make the construction injury claim process in NYC more complex and time-consuming than a standard personal injury case. Each moving part, including insurance companies, medical providers, safety records, site owners, contractors, and subcontractors, adds time and complexity to the process.
Setting Expectations: Construction Accident Lawsuit Timeline in NY
Although every case is unique, the stages of a construction accident lawsuit generally follow a similar order.
Phase 1: Immediate Medical Treatment and Early Investigation (Weeks to Months)
Everything begins with your medical care. Treatment records, test results, and your long-term outlook are key to your settlement. At the same time, your legal team collects photos, witness names, accident reports, and OSHA documents to begin building the foundation of your claim.
Early investigation is crucial because construction sites undergo rapid changes. Evidence disappears almost immediately unless it is preserved.
Phase 2: Determining the Full Scope of Damages (2–6 Months)
A settlement should reflect the real impact of your injury, not just the pain you feel right now. To figure out damages, your lawyer looks at:
- Medical treatment plans,
- Lost wages and future earning loss,
- Surgical recommendations,
- Permanent disability evaluations, and
- Projected long-term care needs.
New York’s personal injury statute of limitations gives you three years to file most claims. Waiting too long can weaken your case. Building a strong damages case takes time but shapes every negotiation.
Phase 3: Filing a Lawsuit (Varies)
If negotiations stall or liability is contested, your attorney will file a lawsuit in civil court. This step does not mean your case will definitely go to trial. In New York, most construction cases are resolved during litigation, often after a series of depositions or summary judgment filings.
Filing a lawsuit puts pressure on the opposing side, and that pressure often prompts them to settle rather than risk a jury verdict.
Phase 4: Discovery and Depositions (Several Months)
Discovery is the stage where both sides exchange evidence. In construction accident cases, this may include:
- Contracts between site owners and contractors;
- Safety logs, inspection reports, and training records;
- Medical records; and
- Testimony from workers, forepersons, engineers, and safety consultants.
Owners and contractors are required to follow specific safety standards. During discovery, it often becomes clear if they ignored those standards.
Phase 5: Negotiation, Mediation, and Settlement (Up to a Year)
Once the evidence is on the table, negotiations speed up. Serious discussions usually occur:
- After depositions,
- After summary judgment motions, and
- Before the trial begins.
The length of your case depends on the complexity of the accident, the number of people involved, and whether it is clear who is at fault. Cases involving serious injuries and high compensation typically take longer because insurance companies scrutinize every detail.
Why Some Cases Settle Faster Than Others
Several factors influence settlement timing, with a few common elements that tend to make construction accident cases longer or more complex:
- Medical recovery. Doctors often need time to determine whether your injuries are permanent. Your long-term prognosis has a direct impact on the value of your case.
- Multiple responsible parties. Construction sites often involve a maze of contractors, subcontractors, owners, and equipment suppliers. Sorting out who is legally accountable can add months to the process.
- Disputes over safety violations or fault. If defendants argue that you caused your own injuries or that no safety law was broken, negotiations will slow down.
- High compensation stakes. The more serious your injuries, the more aggressively insurers defend the case.
Once you know what factors may affect your claim, you are better positioned to understand how long your case may take and why.
How Attorneys Move Construction Cases Forward
Your lawyer plays a significant role in expediting the timeline of your case without diminishing its value. Experienced attorneys advance your case by taking strategic actions like:
- Early evidence preservation. Sending letters to save surveillance footage, safety logs, and site equipment prevents defendants from claiming that evidence is missing.
- Safety law analysis. This step determines which labor laws apply to your case and helps plan the negotiation strategy.
- Detailed documentation of damages. Collecting medical records, wage information, and working with medical experts to strengthen your case.
- Negotiating with multiple insurers. Attorneys advance the process by engaging with insurers that represent site owners, contractors, and subcontractors.
Taking these steps at the right time keeps your case moving, even when defendants try to slow things down.
Why Greenspan & Greenspan’s Approach Matters
Our attorneys guide you through a process that can easily feel like an uphill climb. Since 1959, Greenspan & Greenspan Injury Lawyers has represented construction workers across Rockland County and the surrounding areas. Over the years, we have handled numerous severe construction injury cases, including falls, structural collapses, electrical injuries, and accidents involving heavy equipment.
If you were hurt in a New York construction accident, you do not have to wonder, How long does a construction accident settlement take in New York? You deserve answers tailored to your specific situation, not just a general estimate. Our team can help you understand the true value of your case and what to expect in the coming months.
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