Construction Worksite Accident Claim Timeline

The construction industry is one of the most dangerous fields in the U.S. If you are an employee injured in a construction accident, workers’ compensation benefits may cover your medical bills and necessities. However, depending on your and your employers’ circumstances, you may be able to file a personal injury claim for damages. These cases can take months to years to resolve.

Learning about the worksite accident claim timeline can help keep your expectations in check as you and your employer work toward a resolution. Talk to a construction accident lawyer for legal advice about your accident claim.

What Is the Timeline for a Construction Site Accident Claim?

The timeline of your legal journey depends significantly on your specific circumstances. A simple construction site accident claim involving minor broken bones and temporary injuries could be settled before even filing a lawsuit. However, more serious injury claims can take much longer. With permanent brain injuries, spinal cord injuries, or wrongful death, a construction accident claim could take months or years.

The process of a construction accident claim looks like this:

• Your attorney sends an initial demand letter and you enter settlement negotiations with your employer.
• Your attorney files a personal injury lawsuit in court.
• The defendants respond by filing an answer to your claim with the court.
• Discovery begins and the parties exchange information, records, and other evidence.
• The attorneys for both sides enter pretrial motions.
• The parties attend settlement conferences or mediation.
• If a settlement is not reached, the parties participate in a jury trial.
• The losing party files an appeal.

As you can see, recouping the cost of your construction accident injuries can be slow and arduous. There are filing deadlines that give you and the defendant time to respond. There are often regular scheduling delays, conflicts, and rescheduled hearings. Unfortunately, civil courts are often overburdened and don’t have the resources to handle claims quickly.

How Long Do I Have to File a Construction Accident Claim?

If your attorney has sent a demand letter, but your employer is unwilling or unable to negotiate a settlement, it is time to file a claim. However, construction accident claims have time limits for filing.

Under civil law, there is a statute of limitations that puts a deadline on how long someone has to file a lawsuit. If you wait even one day too long to file a claim, your case may be denied. This is one reason why it is so important to contact a lawyer as soon as possible after a construction accident.

The deadline for a construction accident claim can be different in every state. For example, in Kentucky, an injury victim may have to file an accident claim within one year from the accident date. Construction accident victims in North Dakota could have as long as six years to file a lawsuit. In most states, the statute of limitations for personal injury claims is two or three years.

How Long Does a Settlement Take?

A settlement is an agreement to release your legal claims in exchange for a certain amount of money. In settling, you agree to take a payment, and the defendants are released from the lawsuit.

In the beginning stages of the timeline, liability may not be so clear. Only after going through discovery do the parties have a better idea of who may be responsible, the strengths and weaknesses of the case, and how much may be at stake. The closer a case gets to trial, the more likely the case will settle.

What Happens if My Case Goes to Trial?

The reality is that most personal injury cases are settled instead of being decided by a jury. If you cannot get a fair settlement offer, your attorney may take your case to trial. A civil trial can be a long and stressful process. In a jury trial, your entire case is presented before a judge and jury, and the construction company may do what it can to make it look like you were responsible for your accident.

A construction worksite trial can take a week to a month or more, depending on how complex the evidence is. At the end of the trial, the jury will decide who is responsible for your injuries and how much they will have to pay.

Unfortunately, the end of a trial is not necessarily the end of a case. There may still be time for either party to file an appeal. An appeal can make the accident claim take even longer. Ask your attorney for legal advice if you have questions about appeals in a personal injury claim.

How Can I Speed Up the Construction Accident Timeline?

Many injured construction workers are frustrated by the accident claim process. It can take forever, even when it is clear who was responsible for the accident. Unfortunately, many of the delays in a lawsuit are unavoidable.

If time is of the essence, talk to your personal injury attorney about your options. It may be possible to get a quicker settlement offer. However, taking an early settlement offer may mean that you accept less money for your injuries. Once you accept the settlement, you are giving up any remaining legal claims. If your injuries get worse, you won’t be able to go back and ask for more money.

How Can a Construction Accident Attorney Help?

If you are injured in a construction worksite accident, consult a local construction accident lawyer for a case evaluation. An experienced attorney can explain the typical timelines for a case like yours. They can guide you through the construction accident case so you are prepared and stay up-to-date on your claim.