ClickCease Statute of Repose vs Statute of Limitations Differences in Construction Accidents

Statute of Repose vs Statute of Limitations Differences in Construction Accidents

What Are The Statutes Surrounding Construction Accidents in DC?

When a construction project begins, there is an inherent understanding that something could go wrong at any point. Issues may arise years after the project has been completed. However, if you are the victim of a construction accident, there are limitations on how long a construction firm can be found liable for your injuries. In these cases, those filing deadlines are either under the statute of limitations or the statute of repose. But understanding which time limits apply to you can be complicated.

A DC construction accident attorney from Regan Zambri Long can guide you through the process to ensure your personal injury lawsuit is filed within the time limit imposed.

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How Does the Statute of Repose Differ From the Statute of Limitations?

DC construction accident lawyer Christopher ReganWhether you are the property owner who has discovered a defect in a construction project or a victim of an injury due to a defect, there are deadlines for filing you must be aware of if you plan to take legal action.

Construction defects have filing deadlines that differ under the statute of limitations and the statute of repose, which can make a significant difference in your filing limitations as, in one case, the date the injury occurs matters; in the other, it does not.

What is the Statute of Repose?

A statute of repose restricts the time frame a claim may be brought against a contractor or property owner for damages arising from defective work on a piece of property. Under the statute of repose, a triggering event unrelated to the plaintiff’s injury only needs to occur.

Instead, the clock on the statute of repose begins from the date of substantial completion of the construction project.

Typically, the statute of repose is much more favorable to defendants.

The statute of repose for construction accidents in the District of Columbia is 10 years from the date of substantial completion. These exceptions can impact the filing deadline as the statute of repose often has hard deadlines compared to the statute of limitations. A construction accident attorney can guide you through certain circumstances to ensure you are not barred from recovery.

What is the Statute of Limitations?

The statute of limitations is when an injured party may take legal action to claim damages after suffering losses due to neglect. If you suffer injury and fail to move forward with legal recourse, you give up your right to pursue compensation.

The statute of limitations for construction accidents following an injury in Washington, DC, is three years. If you have questions surrounding the statute of limitations for your lawsuit or are concerned because your injury was not immediately discovered, Regan Zambri Long can assist you in your claim.

Limitations on the Statute of Repose and Statute of Limitations

When we think of the statute of limitations, we know there are often exceptions to the deadlines to file a suit. Some exceptions to the statute of limitations include:

  • The age of the injured party as a minor is not subject to the statute of limitations
  • Attempts to conceal evidence
  • Discovery of the injury or damages

The stature of repose sets concrete deadlines and is not subject to any limitations or exceptions.

What Happens if Injury Occurs After the Statute of Repose?

The statute of repose is intended to protect construction firms from lawsuits years and years after a project has been completed. This ensures evidence is objective and directly related to the work completed instead of a property owner’s negligence.

If the statute of repose has lapsed, you cannot bring suit against the construction firm. But, if the accident has nothing to do with the construction firm’s work, you may still be able to bring forth a personal injury claim.

Your construction accident lawyer will guide you through the differences in filing criteria.

Injured in a Construction Accident? Act Now With Regan Zambri Long.

Regarding the statute of limitations on personal injury filings, we know a specific date makes the clock start running. However, when the statute of repose is involved, that deadline becomes stricter and can impact the period available to bring forth a lawsuit.

The laws surrounding your claims can be daunting if you were involved in an accident and suffered harm in a construction accident. But you don’t have to handle the process alone.

For a no-obligation, free consultation, contact the construction accident lawyers of Regan Zambri Long. We will review the time limits for your lawsuit and work quickly to file on your behalf.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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