Updated: July 12, 2026 · 15 min read
Most New York construction accident claims settle in 6 to 18 months. Straightforward cases with clear liability can resolve in 3 to 6 months. Severe-injury or multi-party cases often take 12 to 24 months. Cases that go to trial usually take 18 months to 3 years or more, largely because of how backed up New York courts are.
That range is wide for a reason. A construction accident claim moves at the speed of its facts. How serious are the injuries? How many parties share the blame? Is liability disputed? How backlogged are the local courts? At The Orlow Firm, we've handled construction injury cases across Queens and New York City since 1982. One of the first questions injured workers ask is simply, "How long is this going to take?" Below is a realistic, factor-by-factor answer, including how a brand-new 2026 court rule is starting to reshape these timelines.
Here's a quick reference for how different types of construction accident claims tend to move:
| Type of 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, multiple parties | 12 to 24 months |
| Case proceeds to trial | 18 to 36+ months |
| Case involves appeals or contested liability | 2 to 4+ years |
These are ranges, not guarantees. Every case is different, and no attorney can promise a specific date. What follows is how the process actually unfolds and what pushes a case toward the faster or slower end of these estimates.
What's in this video?
An Orlow Firm attorney explains the filing deadlines that apply to a New York construction accident claim, including how the standard three-year window differs from the shorter deadlines that apply when a government entity owns the site.
The Construction Accident Settlement Timeline, Step by Step
A construction accident claim generally moves through five phases. Some cases resolve before reaching the later stages. Others run the full course.
Initial Consultation and Case Evaluation (About 1 to 3 Months)
The process starts with reviewing what happened. An attorney looks at the accident and identifies who may be legally responsible. Then they confirm which claims apply: a third-party injury lawsuit, a workers' compensation claim, or both running at the same time. Early medical treatment and reporting matter at this stage. The sooner an accident is documented and treatment begins, the cleaner the record that supports the claim later.
Investigation and Evidence Gathering (About 2 to 6 Months)
This is the foundation of the case. Building a strong claim usually means collecting several kinds of evidence. That includes medical records, the accident and incident reports, any OSHA findings, witness statements, photos of the site, and opinions from experts such as engineers or safety consultants. In fall cases, this is also where the facts about scaffolds, ladders, and safety equipment get pinned down. A thorough investigation early tends to shorten the overall timeline, because it removes room for an insurer to argue about the facts.
Filing the Claim and Negotiating (About 3 to 9 Months)
Once the injuries and the liability picture are clear, the formal claim or lawsuit is filed and negotiation begins. Most construction cases settle during this phase. The length depends heavily on how far apart the two sides are on value and how hard the insurer negotiates. Here's a key point: a fair settlement figure usually can't be reached until an injured worker's medical condition stabilizes and a doctor can speak to whether the injury is permanent. Settling before that is often how people end up under-compensated.
Trial, If Necessary (About 1 to 2+ Years)
If the parties can't agree on a fair number, the case moves toward trial. In New York, this is where court scheduling has the largest effect on timing. Discovery, motion practice, and getting on a crowded trial calendar all add months. Most cases still settle before a verdict. But preparing as if trial is coming is often what produces a strong settlement.
Post-Trial and Appeals (Varies, Rare)
After a verdict, either side may file post-trial motions or an appeal, which can add a year or more. This stage is uncommon. It's part of why contested-liability cases can stretch to four years or beyond.
Factors That Determine How Long Your Case Takes
Two construction accidents that look similar on paper can resolve months, or even years, apart. These are the variables that move the needle most.
Severity of injuries and length of treatment. More serious injuries take longer, and not only because they're worth more. A claim shouldn't be valued until the injured worker reaches maximum medical improvement. A neck or back surgery with a long recovery means waiting on the medical picture. A doctor has to say whether the injury is permanent before a fair number is possible.
Number of parties involved. Construction sites are crowded with potential defendants: the general contractor, subcontractors, the property owner, an equipment manufacturer, and each of their insurers. Every added party brings another layer of negotiation. Historically, it also gives defendants a chance to point fingers at one another.
Disputes over liability. When the responsible party is obvious, cases move faster. When fault is contested, the case slows down while both sides develop evidence.
Insurance company tactics. Insurers sometimes delay, ask for the same documents again, or make low early offers hoping an injured worker will accept out of financial pressure. A prepared attorney expects these tactics instead of reacting to them.
Court scheduling and backlog. New York City's civil courts carry heavy caseloads, and the number of unresolved cases has climbed sharply in recent years. A backlogged docket can add months to any case that needs court involvement. This isn't a fixed number of added months. It's context worth understanding when a case can't be settled early.
Willingness of both sides to settle. In the end, a case resolves when both sides are ready to agree on a number. When one side digs in, the timeline stretches out.
How the 2026 AVOID Act Changes Construction Case Timelines
One of the biggest recent developments in New York construction litigation is procedural, and it directly affects timing. New York's AVOID Act took effect on April 18, 2026. It changes how, and how quickly, defendants can bring extra parties into a lawsuit.
For years, a defendant such as an owner or general contractor could file a third-party claim to pull in a subcontractor or another allegedly responsible party. This move (also called impleader) could happen at almost any point before trial. Doing it late often restarted discovery. It could drag a case out for years while everyone re-litigated the facts.
The AVOID Act, which amended CPLR § 1007, puts hard deadlines on that practice. A defendant now has a limited window, 60 days after serving its answer, to implead a first third-party defendant on a contract-based claim. The windows get progressively shorter (45, 30, and 20 days) for each additional level of impleader. After the Note of Issue is filed, bringing in new third parties is barred absent good cause or the interest of justice. Legal commentators reviewing the law, including Holland & Knight, have noted that these deadlines are designed to keep cases moving and prevent last-minute surprises.
For injured construction workers, the practical effect is real. There are fewer late-stage surprise defendants, less discovery restarting from scratch, and a stronger negotiating position earlier in a case. Defendants can no longer sit back and wait to point fingers at a subcontractor on the eve of trial. The law applies to cases pending on or after April 18, 2026. Because it's genuinely new, its full impact is still emerging. The early expectation is that it nudges construction cases toward earlier resolution.
Statute of Limitations and Key New York Laws
Timing isn't only about how a case unfolds. It's also about deadlines that can end a claim before it starts. New York's rules here are strict, and the shorter ones catch people off guard.
Three years for most claims. A construction accident negligence claim generally must be filed within three years of the accident date under CPLR § 214(5). Miss it, and the right to sue is usually gone.
Government-owned sites carry much shorter deadlines. Say the accident happened on a project owned by a city, the state, or another public entity. In that case, a Notice of Claim generally must be filed within 90 days under General Municipal Law § 50-e, and a lawsuit must follow within one year and 90 days under GML § 50-i. These deadlines move fast, which is one reason early legal review matters on public projects.
Wrongful death has its own clock. When a construction accident is fatal, the family generally has two years from the date of death to bring a wrongful death action under EPTL § 5-4.1.
Partial fault doesn't bar recovery. Under New York's comparative negligence rule, CPLR § 1411, being partly at fault reduces an award in proportion but does not eliminate it. A worker found 20 percent responsible can still recover 80 percent of their damages.
New York also gives construction workers protections that most other injured people don't have. One of them can actually speed a case up:
- Labor Law § 240, the Scaffold Law, puts strict liability on owners and contractors for elevation-related hazards. That covers falls from ladders and scaffolds, or being struck by falling materials. Because liability is strict in clear elevation-hazard cases, there may be no liability fight at all. That leaves only the question of damages, which can meaningfully shorten the case.
- Labor Law § 241(6) requires compliance with specific state construction safety regulations.
- Labor Law § 200 sets out the general duty to keep a worksite reasonably safe.
What's in this video?
An Orlow Firm attorney explains how an injured construction worker can pursue a third-party lawsuit in addition to workers' compensation benefits, and why both claims can run at the same time.
Common Mistakes That Delay Settlement
Some delays come from the system. Others are self-inflicted, and avoidable. These are the mistakes that most often stretch a construction accident claim out longer than it needed to be:
- Delaying medical treatment. Gaps in care give insurers an opening to argue the injuries aren't serious or aren't related to the accident.
- Not reporting the accident promptly. A late or missing incident report weakens the record and invites disputes over what happened.
- Giving a recorded statement without counsel. Adjusters are trained to get statements that make a claim look smaller.
- Posting on social media. Photos or comments can be taken out of context and used to challenge how serious an injury is.
- Accepting an early lowball offer. A quick settlement before permanency is known often leaves real money on the table.
- Missing deadlines or paperwork. A single missed filing deadline can end a claim entirely. The 90-day Notice of Claim on a public project is the one that trips people up most.
How an Experienced Attorney Can Speed Up the Process
No lawyer controls a court's calendar. But the right approach removes many of the delays that injured workers can't see coming.
Fast, thorough investigation. Locking down evidence early, before a site changes and before witnesses scatter, builds a case that's harder to dispute and quicker to resolve.
Precise, timely filing. Filing correctly and on time closes off the procedural delays insurers exploit. This matters more than ever under the 2026 AVOID Act, where the deadlines for bringing in extra parties are now measured in days, not years.
Trial-ready posture. Preparing a case as though it will go to trial is often what produces the strongest settlement offer. Insurers move faster and offer more when they believe the other side is genuinely ready to try the case. With the AVOID Act limiting late-stage defendant maneuvering, that trial-readiness carries even more weight.
What Our Case Results Suggest About Timelines
Real cases show how injury severity and complexity map onto timing. Each of these involved serious injuries, multiple potential defendants, or contested facts. Those are the kinds of factors that push a case toward the longer end of the range.
In one case, a construction worker fell 12 feet from a ladder and required neck and back surgery. He recovered $3,375,000. That's a severe-injury case of the type that typically takes 12 to 24 months or more to resolve. An HVAC laborer injured when a drop ceiling collapsed onto him recovered $2,600,000, in a case that involved multiple parties including the property owner and contractor. A worker who was electrocuted on a scaffold and fell recovered $2,474,000. He was undocumented, which illustrates that immigration status does not bar an injured worker from recovering compensation in New York. And in a case involving contested liability, a worker who fell from a scaffold recovered $2,100,000. It's a useful example of how a complex, hard-fought case can still resolve favorably even when it takes longer than a straightforward claim.
Prior results do not guarantee a similar outcome.
What's in this video?
An Orlow Firm attorney breaks down the key differences between a workers' compensation claim and a third-party claim, including how each is valued and how the two can work together after a construction accident.
Frequently Asked Questions
How long do I have to file a construction accident claim in New York?
Generally three years from the accident date under CPLR § 214(5). But if the site was owned by a government entity, you usually must file a Notice of Claim within 90 days and sue within one year and 90 days. Fatal-accident wrongful death claims generally allow two years from the date of death.
Can I still get compensation if I was partially at fault for my construction accident?
Yes. New York follows comparative negligence under CPLR § 1411, so partial fault reduces your recovery in proportion but does not eliminate it. If you're found 25 percent responsible, you can still recover 75 percent of your damages.
What is the average settlement for a construction accident in New York?
There's no true "average." Settlements vary enormously based on injury severity, lost income, liability, and available insurance coverage. Serious cases involving surgery and permanent limitations reach into the seven figures, while less severe injuries settle for considerably less. Any figure presented as a fixed average should be treated with caution.
Will my construction accident case go to trial?
Most don't. The large majority of construction accident claims settle before a verdict. That said, preparing as though the case will go to trial is often what motivates the insurer to offer a fair settlement. So trial readiness matters even in cases that ultimately settle.
Does workers' compensation affect how long my third-party claim takes?
The two claims run on parallel tracks. A workers' compensation claim provides benefits regardless of fault and usually resolves on its own hearing timeline. A third-party lawsuit against a negligent owner or contractor follows the litigation timeline described above. Having both doesn't necessarily slow the injury lawsuit, though coordinating them properly is important.
What is the Scaffold Law and does it speed up my case?
The Scaffold Law, Labor Law § 240, puts strict liability on owners and contractors for elevation-related hazards like falls from scaffolds and ladders. Because liability is strict in clear cases, there may be no fight over fault, leaving only the question of damages. That can meaningfully shorten a case.
How does the 2026 AVOID Act affect construction accident lawsuits?
Effective April 18, 2026, the AVOID Act puts strict deadlines on defendants who want to bring extra parties into a lawsuit. The first window is as short as 60 days after answering, with tighter windows for each added level. The practical effect is fewer late-stage surprise defendants, less repeated discovery, and generally a stronger position to settle earlier for injured workers.
Should I accept the insurance company's first settlement offer?
Usually not. First offers are commonly made before the full extent of an injury is known, and they tend to be well below fair value. It's generally wise to wait until your medical condition has stabilized and the case has been properly valued before agreeing to any number.
How much does it cost to hire a construction accident lawyer?
The Orlow Firm works on a contingency fee. There's no upfront cost and no fee unless we recover compensation for you. The initial consultation is free, so you can understand your options without any financial risk.
This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.
Sources & Official Resources
New York Laws Cited
- CPLR § 214(5): Statute of Limitations for Personal Injury
- CPLR § 1411: Comparative Negligence
- CPLR § 1007 (AVOID Act, S8071/Ch. 704 of 2025): Third-Party Practice Deadlines
- General Municipal Law § 50-e: Notice of Claim Requirements
- General Municipal Law § 50-i: Time to Commence Action Against a Public Entity
- EPTL § 5-4.1: Wrongful Death Statute of Limitations
- Labor Law § 240: The Scaffold Law
- Labor Law § 241(6): Construction Safety Compliance
- Labor Law § 200: General Duty to Maintain a Safe Worksite
Contact The Orlow Firm
If you're waiting on a construction accident claim and want a clear, honest read on your timeline, understanding your options is an important first step. The Orlow Firm has helped injured construction workers throughout Queens and New York City recover the compensation they're owed since 1982. We can explain exactly where your case stands and what to expect.
Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.
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