How Long Do Construction Lawsuits Take?

Case Type / Scenario	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	12 to 24 months
Case goes to trial	18 to 36+ months
Case involving appeals or contested liability	2 to 4+ years

If you’ve been injured in a construction accident, you’re probably wondering how long it will take to seek the compensation you deserve. The truth is, construction lawsuits can vary widely in length depending on the details of the case. From minor injuries with clear liability to complex cases involving multiple contractors and disputed facts, no two lawsuits are the same. In this post, we’ll break down what goes into the timeline of a construction accident lawsuit in New York, so you can have a better idea of what to expect—and how to prepare.

How Long Do Construction Lawsuits Take?

Although no two construction accident lawsuits follow the exact same path, most cases progress through a similar series of stages. Here’s a general overview of what the timeline might look like:

1. Initial Consultation & Investigation (1–3 months):
   After the injury, your attorney will gather evidence, speak with witnesses, review medical records, and determine liability.

2. Filing the Lawsuit (1–2 months):
   Once enough evidence is gathered, your attorney files a formal complaint in court. The defendant is then served and has a limited time to respond.

3. Discovery Phase (3–9 months or more):
   Both sides exchange evidence, take depositions, and build their cases. This is often the longest part of the process.

4. Settlement Negotiations (Ongoing):
   Settlement talks can happen at any stage, but often intensify after discovery or as the trial date approaches.

5. Trial (If Necessary) (1–2 weeks to several months):
   If the case doesn’t settle, it goes to trial. Trial dates can be delayed due to court scheduling or legal motions.

6. Post-Trial Motions & Appeals (Varies):
   If either side is unhappy with the outcome, they may file appeals, which can extend the case by months or even years.

Factors That Can Affect the Timeline

Several variables can impact how long your construction accident lawsuit takes. Some of the most common factors include:

• Severity of the Injury: More serious injuries usually require longer medical treatment and more detailed documentation, which can delay settlement or trial.

• Number of Parties Involved: Construction sites often involve multiple contractors, subcontractors, property owners, and insurance companies. The more parties involved, the more complex—and time-consuming—the case.

• Disputes Over Liability: If there’s disagreement about who is at fault, the case may require more investigation, expert testimony, or even a trial to resolve.

• Insurance Company Delays: Insurance companies may drag their feet during negotiations or refuse to offer fair compensation, extending the process.

• Court Backlog: Especially in New York, overloaded court calendars can push back trial dates and prolong the entire lawsuit.

• Willingness to Settle: If both parties are motivated to settle, the case may resolve much faster. But if one side holds out, it could take significantly longer.

Understanding these factors can help set realistic expectations and avoid surprises as your case progresses.

Can You Settle A Construction Accident Lawsuit Before Going to Trial?

Yes—many construction accident lawsuits are settled long before they ever reach a courtroom. In fact, most personal injury cases are resolved through negotiated settlements between the injured party and the insurance companies or responsible parties. Settlements can happen at almost any point in the process: shortly after the accident, during discovery, or even on the eve of trial.

Settling a case can significantly shorten the timeline, reduce legal expenses, and spare you the stress of a trial. However, it’s important to make sure any settlement offer fairly compensates you for your medical expenses, lost income, pain and suffering, and long-term needs. An experienced attorney can help you evaluate whether an offer is fair or if it makes sense to push forward with litigation.

Statute of Limitations in New York for Construction Accidents

In New York, the statute of limitations for filing a personal injury lawsuit—such as one resulting from a construction accident—is generally three years from the date of the accident. If you’re filing a wrongful death claim on behalf of a loved one, the deadline is typically two years from the date of death.

However, there are exceptions. If your claim involves a city or state agency (like if the accident happened on a publicly funded project), you may be required to file a Notice of Claim within 90 days, and the lawsuit itself may need to be filed within one year and 90 days.

Missing these deadlines can mean losing your right to seek compensation altogether. That’s why it’s critical to speak with an attorney as soon as possible after a construction accident.

How an Experienced Attorney Can Help

Navigating a construction accident lawsuit on your own can be overwhelming, especially when you're trying to recover physically and emotionally. An experienced construction accident attorney can guide you through the legal process, protect your rights, and fight to pursue the compensation you deserve.

Here’s how a skilled lawyer can make a difference:

• Thorough Investigation: They’ll gather evidence, speak to witnesses, review safety records, and consult with experts to build a strong case.

• Handling the Paperwork: Legal filings, court documents, and communication with insurance companies can be complex and time-sensitive. An attorney handles it all for you.

• Maximizing Compensation: Lawyers know how to assess the full value of your case—including future medical expenses, lost earning potential, and pain and suffering.

• Negotiating with Insurers: Insurance companies often try to settle for less. An experienced attorney knows their tactics and will negotiate aggressively on your behalf.

• Trial Representation: If your case goes to court, you’ll have a skilled advocate presenting your case to a judge or jury.

The right attorney won’t just move your case forward—they’ll give you peace of mind during a stressful time.

Sources & Official Resources

New York Laws Cited

• CPLR § 214 — Three-Year Statute of Limitations for Personal Injury
• EPTL § 5-4.1 — Two-Year Statute of Limitations for Wrongful Death
• General Municipal Law § 50-e — 90-Day Notice of Claim Requirement

Court & Safety Resources

• New York State Unified Court System — Basic Steps in a Court Case
• OSHA — Construction Industry Safety Standards
• NYS Workers' Compensation Board — Information for Employers

Have you or a loved one been injured in a New York City Construction Accident?

Construction accident lawsuits can be complex and time-consuming—but you don’t have to go through it alone. Whether your case takes a few months or a few years, having the right legal team by your side can make all the difference in pursuing the compensation you deserve.

At The Orlow Firm, our New York construction accident attorneys have the experience, resources, and dedication to fight for you every step of the way. We’ll help you understand your rights, build a strong case, and work tirelessly to pursue the best possible outcome.

If you or a loved one has been injured in a construction accident, don’t wait. Contact us today for a free consultation. Call (646) 647-3398 or fill out our online form to get started. There’s no fee unless we win your case.