A construction accident lawsuit typically takes between 12 to 24 months to settle, though complex cases may extend beyond this timeframe. Each case’s duration depends on various factors, including injury severity, liability clarity, and the willingness of involved parties to negotiate.
Construction accident lawsuits follow a timeline that begins with the initial filing and proceeds through several distinct phases. The process requires careful attention to legal deadlines and procedural requirements that can significantly impact the duration of your construction accident case.
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Factors Affecting the Settlement Timeline
Injury Severity and Medical Treatment
The full extent of injuries must be understood before settlement discussions can begin meaningfully. According to the Bureau of Labor Statistics, construction had 173.2 non-fatal accident cases and 1,075 fatal injuries in 2023. This underscores the dangers of the occupation, which often result in injuries requiring extensive medical treatment and rehabilitation.
As such, this may extend the timeline as medical professionals document the full scope of damages to reach maximum medical improvement (MMI) before finalizing a settlement. Maximum Medical Improvement is when a medical professional determines that an injured worker has recovered to the best of their ability with no further treatment expected to improve their condition.
This ensures that the full extent of injuries and future medical & rehabilitation needs are properly accounted for in the settlement amount. Although, settlements may occur after the injured party reaches Maximum Medical Improvement.
Investigation Complexity
The New York Department of Buildings is responsible for ensuring compliance of safety protocols, equipment maintenance records, and workplace procedures in construction sites. As such, they perform inspections and respond to any incidents or complaints raised.
Construction sites typically involve multiple parties, including contractors, subcontractors, property owners, and equipment manufacturers. Cases with multiple defendants typically take longer to resolve as each party’s degree of liability must be determined.
However, cases with clear evidence of liability generally settle faster than those requiring extensive investigation, expert testimony, or accident reconstruction. The quality of evidence and documentation also directly impacts how quickly a case can move toward settlement.
Settlement Negotiation Phases
The discovery phase, during which both parties gather evidence, exchange information, and depose witnesses, represents a significant portion of case duration. This investigative period can take several months to a year, depending on the complexity of the accident and injuries involved, as such:
- Straightforward cases with clear liability and moderate injuries may settle in under 12 months
- Complex cases involving catastrophic injuries, multiple defendants, or disputed liability often extend beyond 24 months
- Particularly complicated cases that proceed through extensive litigation can take several years to resolve
The willingness of insurance companies and defendants to negotiate in good faith also plays a crucial role in determining settlement timelines. When defendants contest liability or dispute the value of damages, extended negotiations or litigation may be necessary.
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Potential Compensation for Construction Accidents
A 2008 study reported that the average cost per case of fatal or nonfatal injury in construction is approximately $27,000 based on 2002 data from the Bureau of Labor Statistics. This figure may have increased substantially over time, with the National Safety Council documenting that the cost per medically consulted injury in 2022 was $40,000.
However, this is only a portion of the total compensation awarded for construction accident lawsuits. The following damages are also taken in consideration:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Rehabilitation costs
- Home modifications for accessibility
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Contact a Construction Accident Attorney Today
The Porter Law Group stands ready to help expedite your settlement process while ensuring you receive full compensation for your injuries. Our experienced attorneys will work diligently to move your case forward efficiently while protecting your legal rights.
Contact us today at 833-PORTER9 or email us at info@porterlawteam.com for a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win your case.
