Filing a Wrongful Death Lawsuit After a Construction Accident in New York: What You Need to Know

By Chris Tobias

Construction sites are some of the most hazardous places to work, with heavy machinery, scaffolding, and elevated workspaces creating numerous safety risks. Unfortunately, fatal accidents are not uncommon in this high-risk industry. If a loved one has died as a result of a construction accident in New York, you may be entitled to file a wrongful death lawsuit to seek compensation for your loss. This article will guide you through the process of filing a wrongful death lawsuit in New York, explain the legal options available, and offer insight into how to navigate the legal system during such a difficult time.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action brought by the surviving family members or the estate of a deceased individual. In the case of a construction accident, a wrongful death claim can be filed when someone dies as a result of negligence or unsafe practices on the construction site. The lawsuit seeks to hold the responsible parties accountable and provide compensation for the damages caused by the untimely death of the victim.

In New York, the law allows for wrongful death claims to be filed when someone dies due to another person’s negligence, recklessness, or intentional harm. In construction accidents, common causes of wrongful death include:

• Falls from scaffolding or ladders
• Being struck by falling objects
• Crushed by heavy machinery or equipment
• Electrical accidents
• Vehicle collisions on construction sites

Who Can File a Wrongful Death Lawsuit in New York?

In New York, only specific individuals are allowed to file a wrongful death lawsuit. Typically, the following family members are eligible to file a claim:

• Spouse
• Children
• Parents (if the deceased was a minor or unmarried)

If the deceased person had a will or estate plan, the personal representative of the estate may file the lawsuit. In many cases, a wrongful death claim can be pursued alongside a personal injury claim if the deceased person had survived for a period of time after the accident before passing away.

Common Causes of Construction Accidents Leading to Wrongful Death

Construction sites are inherently dangerous, and fatalities can occur due to several reasons. Common causes of wrongful death construction accidents include:

1. Falls: One of the leading causes of fatalities in construction is falling from heights, including scaffolding, roofs, or ladders. If proper fall protection equipment was not in place, the construction company could be held liable.
2. Falling Objects: Tools, materials, or debris falling from heights can strike workers below, causing serious injury or death. Contractors and property owners must ensure that construction zones are secure and free from hazards like unsecured tools or materials.
3. Construction Vehicle Accidents: Construction sites are often busy environments, with large vehicles such as bulldozers, cranes, and dump trucks operating on-site. Accidents involving construction vehicles can lead to fatal injuries, especially when safety protocols are not followed.
4. Electrocution: Construction sites are often near power lines or involve electrical installations. Improper handling of electrical wiring or exposure to live wires can result in fatal electrocutions.
5. Inadequate Safety Equipment: Workers are often exposed to dangerous chemicals, heavy machinery, and harsh environmental conditions. If construction companies fail to provide proper safety equipment or enforce safety protocols, they could be liable for any resulting fatal accidents.

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Proving Liability in a Wrongful Death Lawsuit

In a wrongful death lawsuit after a construction accident, the surviving family members must prove that the accident occurred due to the negligence or recklessness of another party. This can include property owners, general contractors, subcontractors, or manufacturers of faulty equipment. Common forms of negligence include:

• Failure to provide proper safety equipment or training
• Failure to maintain a safe work environment
• Failure to comply with safety regulations or OSHA standards
• Failure to properly inspect construction machinery or equipment

To build a strong case, your attorney will need to collect evidence such as accident reports, eyewitness testimonies, medical records, and documentation of workplace safety violations. Additionally, they may work with experts in construction safety to establish that negligence led to the fatal accident.

The Compensation Available in a Wrongful Death Lawsuit

Filing a wrongful death lawsuit can result in compensation for the financial, emotional, and physical losses incurred by the family members of the deceased. In New York, wrongful death claims can provide the following types of compensation:

• Funeral and burial expenses: These costs can be significant and are typically covered by a wrongful death lawsuit.
• Medical expenses: If the deceased person was treated for injuries before passing away, the family may be entitled to compensation for those medical bills.
• Loss of income: If the deceased was the primary breadwinner of the family, compensation for lost wages and future earnings is typically sought.
• Pain and suffering: Surviving family members may be entitled to compensation for the emotional pain, grief, and suffering caused by the loss of their loved one.
• Loss of companionship and support: This compensates family members for the loss of love, companionship, and guidance from the deceased person.

Statute of Limitations for Wrongful Death Lawsuits in New York

In New York, wrongful death lawsuits must be filed within two years from the date of the deceased person’s death. It is critical to file the claim within this time frame, as failure to do so can result in the loss of your right to pursue legal action.

Hiring an Experienced Wrongful Death Attorney

Filing a wrongful death lawsuit after a construction accident in New York can be a complex and emotionally challenging process. It’s crucial to work with an experienced wrongful death attorney who specializes in construction accidents. A skilled attorney can guide you through the legal system, help gather evidence, and fight for the compensation you deserve.

The attorneys at the Personal Injury Law Firm of Figeroux & Associates are experienced in construction accident wrongful death claims and are familiar with the nuances of construction law, OSHA regulations, and common safety violations. They can provide you with the support and expertise needed to hold the responsible parties accountable and seek justice for your loved one’s death.

Guidance

Losing a loved one in a construction accident is an unimaginable tragedy, and filing a wrongful death lawsuit can help provide some financial relief and justice for the loss. If you are considering pursuing a wrongful death claim in New York, it’s important to understand the legal process, know who is eligible to file, and work with an experienced team, like the Personal Injury Law Firm of Figeroux & Associates who can navigate the complexities of construction accident law. By holding the responsible parties accountable, you can help ensure that your family receives the compensation they deserve during this difficult time. 

Remember, you are not alone— the legal professionals at the Law Firm of Figeroux & Associates are here to support you every step of the way. Call 855-768-8845 or visit www.askthelawyer.us to schedule a consultation. The lawyer you hire does make a difference!