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Statute of Limitations: When to File a Construction Accident Lawsuit

In legal terms, “statute of limitations” refers to the deadline for filing a lawsuit. Since most lawsuits need to be filed within a specific period, it’s essential to understand the parameters. Especially if you’ve been seriously injured in a construction accident, it’s important that you do not miss any deadlines

Here’s how the statute of limitations works when filing a construction accident personal injury claim.

Construction Accident Claim Deadlines

If you’ve been injured in a construction accident in California, you have two years to file a lawsuit from when the injury occurred. In some cases, an injury may be delayed or not noticed immediately — for example, if your injury was not discovered right away, you have one year to file a lawsuit from the date the injury was discovered. Some examples of injuries that may have delayed symptoms are:

  • Brain injuries/concussions
  • Whiplash
  • Post Traumatic Stress Disorder (PTSD)

Non-compliance within these guidelines could cost you the compensation that you would otherwise deserve. It can be challenging to determine the deadline for your specific case, so it’s critical to enlist the help of a personal injury attorney who has extensive experience with the statute of limitations under personal injury law.

Steps to Filing a Construction Accident Claim

While many injured workers file a workers’ compensation claim for their injuries, construction accident claims under personal injury law are much different when seeking damages. Workers’ compensation runs on a “no-fault” system with limited benefits. A construction accident lawsuit can provide an injured worker with more extensive benefits and compensation when negligence is proved. Some of the benefits include, but are not limited to:

  • Medical costs
  • Lost wages
  • Pain and suffering
  • Loss of future earnings

Here are the top four steps to filing a construction accident lawsuit:

  1. Seek medical attention immediately.
  2. Report your injury to your supervisor and obtain a work injury report.
  3. Gather documentation and evidence of the accident.
  4. Contact a personal injury lawyer to help with your case.

Why Construction Workers Have More Accidents

Construction workers have one of the most dangerous jobs in the U.S. According to a recent report published by the California Department of Industrial Relations, construction workers had the second-highest fatality rate between 2013 and 2017. Construction workers are more likely to be involved in the following types of accidents:

  • Fall, trip, and slip accidents
  • Faulty equipment accidents
  • Scaffolding accidents
  • Crane accidents
  • Forklift accidents
  • Electrocution accidents
  • Trench accidents

Construction Accident Attorneys in San Francisco

Construction workers often suffer catastrophic injuries after a workplace accident. If you or a loved one were harmed in a construction accident, our San Francisco personal injury lawyers are here to help you.

At }, our seasoned attorneys have extensive experience in protecting the rights of victims who have been harmed in the workplace against large corporations and their insurers' interests. We’re passionate about recovering compensation for our clients to receive the medical treatments necessary following a devastating work accident.

Contact Rouda Feder Tietjen & McGuinn today at (415) 940-7176 to schedule a free consultation and learn your rights.