The construction and repair of roads, buildings, and bridges will always be needed as they make up the very infrastructure of modern society. At times, though, working on such projects can be hazardous to those on the job site due to the negligence of others. When, in New York, a construction worker is injured due to the negligence of a municipality, there is a requirement that the injured worker files a notice of claim within ninety (90) days of the accident to proceed with a possible suit.
A Notice of Claim
An example of the notice of claim requirement is embodied, in relevant part, in General, Municipal Law § 50-e: A notice of claim is required to be filed “within ninety days after the claim arises . . . and shall set forth . . . (2) the nature of the claim; (3) the time when the place, where, and how the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable . . . .”
Quite often, there are circumstances where construction workers are injured on municipal property while constructing municipal buildings, schools, and roadways. In many circumstances when workers are unaware of the notice of claim requirement and fail to contact an attorney within ninety (90) days of the accident, their claims are not preserved and their ability to file a lawsuit can be relinquished forever. Failure to file a notice of claim can prevent a person from recovering lost wages, benefits, past and future medical expenses, and pain and suffering damages.
You Have 90 Days to File
If you are hurt in a construction accident, and it may be due to the negligence of a municipality, it is important to file a notice of claim within ninety (90) days of the accident.
Our firm has achieved jury verdicts and settlements for injured individuals in the amounts of $13 million, $8 million, and $6 million, in addition to many others.