What if a Loved One Died in a Construction Site Accident in NY?

Wrongful death lawsuits can become more complex when a victim dies because of injuries sustained while working on a construction site. Our lawyers can help your family navigate such a claim so that you can get justice for your deceased loved one.

If your loved one recently died in a construction accident in New York, our lawyers will investigate the incident to determine liability. If the victim in your case was a construction worker, you might have to file a wrongful death lawsuit against a negligent third party instead of their employer, provided one exists. Otherwise, you could bring a claim for survivor’s benefits under the employer’s workplace liability insurance. In New York, wrongful death claims for construction accidents can only be brought by victims’ personal representatives. Furthermore, such claims need to be filed within the statute of limitations, which is two years.

The Carrion Law Firm can give you a free case assessment when you call our New York construction injury lawyers now at (718) 841-0083.

What to Do if Your Loved One Died in a Construction Site Accident in New York

The unexpected death of a loved one due to a workplace injury or other accident on a construction site might cause serious emotional disruption to your life. If this recently happened to your family, there are several steps you should prioritize taking in order to hold the negligent party accountable.

Start by documenting your loved one’s death as thoroughly as possible. For example, if a victim dies because of an occupational illness or progressive injury, their surviving family should inform the construction company that employed them. If a victim dies in an accident on a construction site, the police should be called to document the scene and collect evidence.

Then, you should gather your loved one’s medical records. Our Bronx construction injury lawyers can organize medical records pertaining to the victim’s possible pre-existing conditions and their ultimate cause of death. It may be necessary to distinguish pre-existing conditions from occupational illnesses or injuries sustained in an accident during the course of a wrongful death case.

As you incur losses related to the victim’s death, provide copies of them to our lawyers. This can allow us to keep track of any medical expenses the victim incurred prior to their death, as well as any damages your family has suffered in the time following their death. This might include funeral expenses, medical costs, and other financial losses.

Who Can Sue for a Construction Site Accident Death in New York?

Only certain individuals can sue for a victim’s death on a construction site in New York. Identifying who among your family can bring a claim will be important for your ultimate recovery.

According to E.P.T. Law § 5-4.1(1), only a victim’s personal representative can sue for wrongful death in New York. Often, this is someone close to a victim, like their spouse, parent, or child, but it does not have to be. If the victim did not name a personal representative before their death in New York, the court may appoint one. The exception to this that might affect construction accident death cases is that you cannot sue an employer for injury. So if your employer was the sole party responsible for your loved one’s death, then a wrongful death suit cannot be filed against them.

Generally speaking, the victim’s spouse, children, and their parents can recover damages awarded in a wrongful death lawsuit in New York. Remember, compensation in these cases is typically limited to financial damages. To recover damages for pain and suffering experienced by your loved one prior to their death, our lawyers can help you bring a survival action as well as a wrongful death claim. We can review the various damages your family has incurred due to the death of a loved one and explain which are recoverable under New York’s wrongful death statute. For example, punitive damages might be recoverable in your case if the victim could have recovered them had they lived.

Who Can You Sue for a Construction Site Death in New York?

Who can be held liable for the death of your loved one will depend on the specifics of your case. We can help you identify who the at-fault party is so that you can file your claim against them in New York.

Since New York follows a no-fault system for workplace accidents, employers may not be sued for construction site deaths, provided they have the proper insurance. There are exceptions to this rule, such as if the employer acted negligently and violated certain construction safety regulations, among others. If you cannot file a wrongful death suit against the victim’s employer, our attorneys may explore the possibility that a third party, such as a negligent equipment manufacturer, for example, acted negligently, ultimately causing your loved one’s death. This can enable you to file a third-party construction accident wrongful death lawsuit.

If your loved one died because of injuries sustained while passing by a construction site, you may be able to file a claim for wrongful death against the construction company.

When Can You Bring a Claim for a Construction Site Death in New York?

The statute of limitations for wrongful death lawsuits differs from the filing deadline for personal injury claims in New York. You must bring your case by the proper deadline in order to get justice for your loved one following their death on a construction site.

Personal representatives of victims killed in construction accidents have two years to file wrongful death lawsuits, also according to § 5-4.1(1). The statute of limitations is the same for survival actions. You must initiate your case with the court within this allotted time window. If you do not, you will be barred from filing a lawsuit against the party or parties responsible for your loved one’s death in New York.

Our lawyers can help you file on time by investigating your loved one’s death and preparing a strong compensation claim soon after. We can organize proof of negligence so that we can meet the standard of proof in your claim if it goes to trial instead of settling out of court.

Call Our New York Construction Accident Lawyers to Discuss Your Case

Call The Carrion Law Firm’s Flatbush, NY construction injury lawyers at (718) 841-0083 to get a free assessment of your case today.