If you’ve been injured in a construction accident in New York City, one of your first questions might be, “How Long Do Construction Accident Claims Take?” While each situation is unique, here’s a quick-reference table outlining typical timelines based on the complexity of your case:
| Type of Construction Accident Case | Estimated Timeframe |
| Minor injury, clear liability, settled quickly | 3 to 6 months |
| Moderate injury, some negotiation required | 6 to 12 months |
| Severe injury, complex case with multiple parties involved | 12 to 24 months |
| Case proceeds to trial | 18 to 36+ months |
| Case involving appeals or contested liability | 2 to 4+ years |
Remember, these timeframes are general guidelines. Your case may resolve faster or take longer depending on specific circumstances. At The Orlow Firm, our NYC Construction Accident Lawyers are dedicated to guiding you through each step of the process, working tirelessly to secure your rightful compensation in the shortest possible timeframe.
How Long Do Construction Accident Claims Take?
When you’re dealing with the aftermath of a construction accident, it’s natural to wonder how long the settlement process will take. The truth is, the timeline for settling a construction accident case can vary significantly, depending on a number of factors specific to your situation. Generally, however, most cases follow a common pattern:
Initial Consultation and Case Evaluation (1-3 Months)
Your first step is reaching out to an experienced attorney, like those at The Orlow Firm. During your initial consultation, we will:
- Review the specifics of your accident and injuries.
- Determine who may be legally liable.
- Advise you on the potential strength and value of your case.
This early stage is critical because it sets the foundation for your entire claim.
Investigation and Evidence Gathering (2-6 Months)
Once you decide to move forward, we’ll start building your case by gathering crucial evidence, such as:
- Medical records and bills.
- Accident reports and OSHA findings.
- Witness statements and depositions.
- Expert opinions on liability and injuries.
Thoroughness here can greatly impact both the speed and success of your settlement.
Filing the Claim and Negotiating a Settlement (3-9 Months)
After compiling strong evidence, we’ll formally file a claim with the responsible parties and their insurers. Negotiations often begin at this point and can continue through subsequent phases. While some cases settle quickly during initial negotiations, others require persistent advocacy to secure fair compensation.
Going to Trial (If Necessary) (1-2+ Years)
If negotiations stall or the responsible parties refuse to offer fair compensation, your case may proceed to trial. Preparing for and completing a trial usually extends the timeline substantially, sometimes adding a year or more to your wait for compensation.
Post-Trial and Appeals (Varies)
Even after a verdict, either side may appeal, potentially prolonging the final resolution. Appeals can add months or even years to the process, although most cases conclude without reaching this stage.
At The Orlow Firm, our priority is always your recovery. We balance aggressive legal representation with strategic negotiation to move your case forward efficiently, ensuring you receive the compensation you deserve as swiftly as possible.
Factors That Influence the Duration of Your Case
Several key factors can significantly influence how long it takes to settle a construction accident case in New York City. Understanding these elements can help you better anticipate the potential timeline of your case:
Severity of Your Injuries
The extent of your injuries can greatly impact how quickly your case moves forward. Severe injuries often require prolonged medical treatment, rehabilitation, and careful documentation to accurately assess long-term effects. To ensure you receive fair compensation, your attorney may need extra time to fully evaluate medical outcomes and projected future costs.
Number of Parties Involved
Construction sites typically involve numerous contractors, subcontractors, property owners, equipment manufacturers, and insurance companies. Identifying who is responsible—and negotiating with multiple parties—can complicate and lengthen the settlement process. Each additional party involved usually means more documentation, negotiation, and potential delays.
Disputes Over Liability
If liability isn’t clear-cut, your settlement could take longer. When multiple parties disagree about who is at fault, extensive investigations, expert testimony, and even court hearings may become necessary. Resolving these disputes can significantly prolong your case, especially if they require litigation.
Insurance Company Negotiations
Insurance companies are skilled at delaying settlements, particularly in high-value cases. They might offer low initial settlements, dispute the severity of your injuries, or question liability. This back-and-forth negotiation often takes additional time as your legal team works to counter these tactics and secure fair compensation.
Court Scheduling and Backlog
New York courts, especially in NYC, are notoriously busy. If your case goes to trial, you’ll be subject to the court’s scheduling calendar, which can lead to significant delays. Court congestion means that trials may be scheduled many months—or even years—after initial filing.
Willingness to Settle
Both your willingness and the defendant’s willingness to reach a settlement can dramatically influence timing. If both sides are motivated and realistic about compensation expectations, your case may settle relatively quickly. Conversely, reluctance from either side can stall negotiations, pushing your case toward trial.
Understanding these factors helps set realistic expectations for your case. At The Orlow Firm, we anticipate these potential challenges and proactively address them, aiming to settle your claim efficiently while ensuring maximum compensation.
Steps in the Construction Accident Settlement Process
Navigating a construction accident claim can feel overwhelming—especially while you’re trying to recover from your injuries. At The Orlow Firm, our goal is to simplify this process and help you understand exactly what to expect. Here’s an overview of the key steps involved:
Step 1: Immediate Medical Attention and Documentation
Your health is always the first priority. Immediately after your accident, seek medical care to evaluate your injuries, even if they initially seem minor. This documentation will be essential evidence in your claim.
Step 2: Contacting an Experienced Attorney
As soon as possible after receiving medical attention, consult with a skilled construction accident attorney. During your initial free consultation at The Orlow Firm, we’ll:
- Review the facts of your case.
- Explain your legal options clearly.
- Guide you on the next best steps to strengthen your claim.
Step 3: Thorough Investigation and Evidence Collection
Our legal team will immediately start a detailed investigation. This involves:
- Visiting and documenting the accident site.
- Interviewing witnesses and gathering testimonies.
- Collecting medical reports and bills.
- Reviewing official reports (OSHA, police, incident reports).
- Working with industry experts to establish liability clearly.
Step 4: Filing a Formal Claim
Once sufficient evidence has been gathered, we will file a formal claim against the responsible parties and their insurers. This officially initiates negotiations aimed at securing fair compensation for your injuries, lost wages, and other damages.
Step 5: Negotiating a Settlement
Most construction accident cases settle without a trial. Our attorneys will engage in negotiations with insurance companies and opposing counsel, working aggressively on your behalf to reach a favorable resolution. We keep you informed throughout this process and advise you on all offers and options.
Step 6: Preparing for Trial (If Necessary)
If a fair settlement can’t be reached, your case may proceed to trial. Our experienced litigators will:
- Prepare your case meticulously for court.
- Present compelling evidence to a jury or judge.
- Advocate fiercely for the maximum compensation you deserve.
Step 7: Post-Trial and Appeals (Rarely Needed)
Following trial, either side has the right to appeal the verdict. Appeals can extend your case further, but most construction accident cases resolve without this step.
At every step, The Orlow Firm prioritizes your best interests, combining strategic negotiation with aggressive advocacy. We strive to secure the best possible outcome in the shortest practical timeframe, allowing you to focus fully on your recovery.
Success Stories: Real Results from The Orlow Firm
At The Orlow Firm, our priority has always been fighting tirelessly to achieve justice and maximum compensation for construction accident victims across New York City. While every case is unique, our track record demonstrates our commitment, expertise, and dedication. Here are just a few examples of significant settlements we’ve secured for our clients injured in construction accidents:
$3,375,000 – Ladder Fall Injuries
Our client was a construction worker who fell 12 feet from a ladder. He sustained serious injuries to his neck, back, elbow, and shoulder, requiring extensive surgery. Through persistent advocacy, we secured a substantial settlement of $3,375,000 for him.
$3,000,000 – Severe Ladder Accident
Another construction worker suffered a fractured femur and severe back injuries after falling from a ladder. His injuries required multiple surgeries and significant rehabilitation. We successfully recovered $3,000,000 in compensation for him.
$2,600,000 – Falling Ceiling Injury
We represented an HVAC laborer severely injured when a drop ceiling under construction collapsed on him. He suffered debilitating injuries to his back, knees, and shoulder. We obtained a settlement of $2,600,000 to cover his medical bills, lost income, and long-term care.
$2,500,000 – Wall Collapse Accident
Our client was operating a forklift when a wall unexpectedly collapsed onto him, causing serious lower back injuries that necessitated surgery. Our determined approach resulted in a settlement of $2,500,000.
$2,474,000 – Scaffold and Electrical Accident
In a challenging case involving an undocumented construction worker who suffered an electric shock and fell from scaffolding, we successfully negotiated a $2,474,000 settlement. He sustained severe back and knee injuries that required multiple surgeries.
$2,100,000 – Scaffold Fall Verdict
We secured a $2,100,000 jury verdict for an undocumented construction worker who fell off a scaffold, severely injuring his elbow and shoulder, both requiring surgery.
At The Orlow Firm, these are more than just numbers—they represent lives changed, families supported, and justice delivered. If you’ve been injured in a construction accident, we’re ready to bring the same level of dedication to your case.
How an Experienced Construction Accident Attorney Can Speed Up Your Settlement
When you’re facing mounting medical bills and lost wages following a construction accident, every day waiting for compensation can feel like an eternity. Having an experienced construction accident attorney from The Orlow Firm on your side can significantly shorten the timeline of your settlement. Here’s how our expertise can make the difference:
Swift and Thorough Investigation
Immediately following your accident, our legal team quickly moves to gather crucial evidence—such as accident reports, OSHA violations, medical records, witness statements, and expert opinions—to build a compelling case without delay. By conducting an efficient yet comprehensive investigation, we establish liability early, making it harder for responsible parties to stall or dispute your claim.
Precise Documentation and Filing
Mistakes or inaccuracies in paperwork can lead to significant delays in your claim. Our attorneys meticulously prepare and file all required documentation accurately and on time. This prevents procedural errors that insurance companies often exploit to drag out negotiations.
Strategic Negotiation from the Start
Insurance companies and defense attorneys often prolong settlement discussions hoping you’ll accept less than you deserve. Our attorneys recognize these tactics and aggressively advocate for your interests from the beginning. With proven negotiation skills, we quickly cut through stall tactics, pushing for a fair and timely resolution.
Avoiding Common Pitfalls
Without experienced legal guidance, it’s easy to fall into common traps that could delay or even jeopardize your claim. Our legal team knows how to navigate potential roadblocks—such as disputes over liability, insurance coverage limitations, or medical disputes—ensuring your claim moves steadily forward toward a fair settlement.
Trial-Ready Representation
While most cases settle before going to court, demonstrating a willingness to go to trial often motivates insurers to negotiate fairly and quickly. Our attorneys have a well-established reputation as skilled trial lawyers. This credibility frequently leads to quicker and more favorable settlements, as insurance companies know we’re fully prepared to litigate when necessary.
When you choose The Orlow Firm, you’re selecting an experienced team committed to obtaining your rightful compensation efficiently and effectively—so you can focus on your recovery and moving forward with your life.
Common Mistakes That Could Delay Your Settlement
Navigating a construction accident claim in New York City can be challenging. Unfortunately, even small missteps can significantly delay or harm your settlement. To ensure your claim progresses as efficiently as possible, avoid these common mistakes:
Failing to Seek Immediate Medical Attention
After an accident, some injuries might seem minor or not immediately noticeable. However, delaying medical treatment can severely undermine your claim. Insurance companies often argue that delayed treatment means your injuries aren’t serious or weren’t directly caused by the accident.
Not Reporting Your Accident Promptly
Promptly notifying your employer and documenting your accident with an incident report creates an official record essential for your claim. Delaying this step provides room for insurance companies to question the validity or severity of your injuries.
Giving Recorded Statements Without Legal Advice
Insurance adjusters may ask you for recorded statements or detailed accounts shortly after your accident. Without legal guidance, innocent statements could inadvertently damage your claim. Always speak to your attorney first—let them handle communication with insurers.
Posting About Your Accident on Social Media
Even seemingly harmless social media posts about your activities, health, or accident details can be used against you. Insurance companies often scrutinize online profiles looking for evidence to minimize claims. It’s safest to avoid discussing your accident or injuries publicly.
Signing Documents or Accepting a Quick Settlement Without a Lawyer
Insurance companies might pressure you to sign documents or accept early settlements that seem tempting initially. These quick settlements often significantly undervalue your claim. Always consult with an experienced attorney first to ensure you receive fair compensation covering all your medical bills, lost wages, and future needs.
Missing Deadlines or Ignoring Paperwork
Personal injury claims involve strict legal deadlines and extensive documentation. Missing a filing deadline or failing to respond promptly to requests from insurance companies or courts can result in substantial delays or even dismissal of your claim.
At The Orlow Firm, we proactively help our clients avoid these costly mistakes. With decades of experience handling construction accident claims in New York, we guide you through each step of the process, safeguarding your rights and maximizing your compensation efficiently.
New York Laws and Statute of Limitations for Construction Accidents
In New York, strict laws and deadlines govern construction accident claims. Being aware of these laws can help you protect your right to compensation and avoid unnecessary delays or dismissals of your claim.
Statute of Limitations for Construction Accident Cases
In general, New York law provides three years from the date of your construction accident to file a personal injury lawsuit. However, certain circumstances might shorten or alter this timeframe:
- Claims Against Government Entities: If your construction accident occurred on a publicly funded project, you must file a Notice of Claim within 90 days and initiate a lawsuit within one year and 90 days.
- Wrongful Death Claims: If you lost a loved one in a construction accident, the statute of limitations to file a wrongful death claim is typically two years from the date of death.
Missing these critical deadlines may result in losing your right to seek compensation entirely.
Important New York Labor Laws Protecting Construction Workers
Several critical laws protect construction workers in New York, often forming the foundation of successful accident claims:
- Labor Law §240 (“Scaffold Law”): Requires construction site owners and contractors to provide proper protection from elevation-related risks, such as scaffolding and ladder accidents. Violations of this law can establish strict liability, making it easier to prove fault and speeding up your claim.
- Labor Law §241(6): Mandates compliance with specific safety regulations on construction sites. If proven, violations can significantly strengthen your case and lead to faster settlements.
- Labor Law §200: Obligates contractors and property owners to provide a safe work environment, holding them accountable if unsafe conditions lead to worker injuries.
Why These Laws Matter
When used effectively, these New York labor laws can greatly simplify your claim and strengthen your position. At The Orlow Firm, our attorneys thoroughly understand these statutes and have a proven track record of successfully leveraging them to secure swift and fair compensation for our clients.
Don’t risk missing crucial deadlines or misunderstanding your rights under New York construction accident laws. Trust The Orlow Firm to navigate the complexities and protect your interests every step of the way.
Local Resources for Injured Construction Workers in NYC
Following a construction accident, accessing local resources quickly can help streamline your recovery and support your claim. Below is a carefully selected list of NYC-based resources that can offer essential assistance during this challenging time:
Hospitals and Medical Facilities
Prompt, professional medical care is crucial after a construction accident. Here are reputable medical facilities in NYC:
- NYC Health + Hospitals/Bellevue
462 First Avenue
New York, NY 10016
(212) 562-4141
https://www.nychealthandhospitals.org/bellevue - NewYork-Presbyterian/Weill Cornell Medical Center
525 East 68th Street
New York, NY 10065
(212) 746-5454
https://www.nyp.org - Mount Sinai Hospital
1468 Madison Avenue
New York, NY 10029
(212) 241-6500
https://www.mountsinai.org
Workers’ Compensation Offices
If you’re injured while working on a construction site, workers’ compensation may provide immediate financial support:
- New York State Workers’ Compensation Board (Manhattan District Office)
215 W 125th Street
New York, NY 10027
(877) 632-4996
https://www.wcb.ny.gov
OSHA (Occupational Safety and Health Administration)
OSHA oversees workplace safety standards. Reporting your accident to OSHA can aid in your case:
- OSHA Manhattan Area Office
201 Varick Street, Room 908
New York, NY 10014
(212) 620-3200
https://www.osha.gov - OSHA Queens District Office
45-17 Marathon Parkway
Little Neck, NY 11362
(718) 279-9060
https://www.osha.gov
Legal and Court Resources
Understanding your legal options and the court system can empower you during your claim:
- New York County Supreme Court (Civil Division)
60 Centre Street
New York, NY 10007
(646) 386-3600
https://www.nycourts.gov/courts/1jd/supctmanh - Queens County Supreme Court
88-11 Sutphin Blvd
Jamaica, NY 11435
(718) 298-1000
https://www.nycourts.gov/courts/11jd/supreme/civilterm
Community and Support Services
If you’re facing hardship after your injury, these local organizations can provide additional support:
- New York Committee for Occupational Safety and Health (NYCOSH)
50 Broadway, 28th Floor
New York, NY 10004
(212) 227-6440
https://nycosh.org - Legal Aid Society
199 Water Street
New York, NY 10038
(212) 577-3300
https://www.legalaidnyc.org
At The Orlow Firm, our experienced attorneys not only fight tirelessly for your legal rights but also connect you with the critical local resources you need. We’re here to guide you through your recovery journey and help you move forward confidently after a construction accident.
FAQs About Construction Accident Settlements in New York
When dealing with the aftermath of a construction accident, it’s common to have questions. Here are answers to some frequently asked questions about construction accident settlements in New York:
How long do I have to file a construction accident claim in New York?
In most cases, the statute of limitations in New York is three years from the date of your accident. If your claim involves a government entity, you typically must file a Notice of Claim within 90 days, with additional deadlines following shortly after.
Can I still file a claim if I was partially at fault for my accident?
Yes. New York follows the rule of comparative negligence, meaning you can still recover damages even if you are partially at fault. However, your compensation might be reduced by your percentage of fault.
What kind of compensation can I recover in a construction accident case?
You may be eligible for compensation including medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional trauma, and, in severe cases, long-term care and rehabilitation costs.
Will my construction accident case go to trial?
Most construction accident cases settle without going to trial. However, if a fair settlement cannot be reached through negotiation, your attorney may recommend proceeding to trial to secure the compensation you deserve.
Should I accept the insurance company’s initial offer?
You should never accept an insurance company’s first offer without first consulting an attorney. Initial settlement offers are typically lower than what you deserve and often don’t fully account for future medical bills, lost earnings, or ongoing care needs.
How much will it cost me to hire The Orlow Firm?
We operate on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we successfully recover compensation for you, with our fee coming as a percentage of your settlement or verdict.
At The Orlow Firm, we believe you deserve clear answers and reliable guidance every step of the way. If you have additional questions, don’t hesitate to contact us for a free consultation—our team is ready to help you secure the justice and compensation you deserve.
Why Choose The Orlow Firm for Your Construction Accident Case
After a construction accident, selecting the right legal representation can make all the difference in your recovery and your family’s future. At The Orlow Firm, we’ve dedicated ourselves to helping injured construction workers across New York City for over four decades. Here’s why clients trust us to handle their construction accident cases:
Decades of Proven Experience
Founded in 1982, our firm has earned a reputation for securing significant settlements and verdicts in construction accident cases throughout New York. Our attorneys have in-depth knowledge of construction law, personal injury litigation, and the NYC court system, giving us a distinct advantage in securing maximum compensation for our clients.
Personalized, Compassionate Representation
At The Orlow Firm, you’re more than a case number. We treat every client with genuine compassion, respect, and personal attention. Our attorneys are always accessible, responsive, and committed to keeping you informed and comfortable throughout your case.
Aggressive Negotiation, Strategic Litigation
Insurance companies and large construction firms have substantial resources to fight your claim. We counter these resources by leveraging our extensive experience, aggressively negotiating for your rights, and meticulously preparing every case for trial, if necessary. Our proven litigation skills often encourage insurers to offer fair settlements faster.
Comprehensive Local Knowledge
Our deep understanding of New York’s unique construction landscape—including local labor laws, safety regulations, and court procedures—helps us build powerful cases quickly and effectively. We also maintain strong relationships with top medical and industry experts, further strengthening your claim.
No Fees Unless We Win
At The Orlow Firm, our legal representation comes at no upfront cost to you. We operate strictly on a contingency fee basis, meaning we only get paid when you receive compensation. This allows you to focus entirely on your recovery without worrying about legal fees.
When you choose The Orlow Firm, you’re selecting a dedicated, experienced team committed to delivering the results you deserve. Let us handle the legal fight while you focus on healing.
