Wrongful Death from Construction Accidents: What You Need to Know
The loss of a loved one can be devastating. An unexpected death may be particularly challenging. Construction accidents resulting in wrongful death often leave family members with many questions. It is common to wonder who is liable for the wrongful death, what legal options are available, and what type of financial compensation is due.
The wrongful death attorneys at Zucker & Regev, P.C. understand the emotional and financial losses surviving family members face when they lose someone. They work with individuals in the Brooklyn, NY, area, teaching them what to know about wrongful death from construction accidents so that they can pursue the compensation they are due for their losses.
Liability for Wrongful Death from a Construction Accident
Construction is an inherently risky line of work. Safety standards and regulations are in place to protect construction workers and minimize the risk of construction accidents. Unfortunately, regulation violations are not unusual. Some of the most common causes of construction accidents resulting in wrongful death include:
- Inadequate training or lack of training
- Failure to provide safety equipment
- Lack of guard rails, safety nets, or other fall protections
- Failure to properly maintain machinery or construction vehicles
Failure to meet safety regulations and negligent behavior increase the risk of a construction accident. Depending on the circumstances of an accident, construction companies, construction foremen, property owners, and third-party contractors may all be liable for wrongful death.
Who Can File a Wrongful Death Claim?
When a construction accident results in injuries, the victim can file a civil lawsuit to pursue compensation for damages. When an accident results in wrongful death, the victim cannot file a claim on their behalf. Instead, the law allows descendants of the deceased to file a claim and pursue compensation for their loved one’s losses, as well as their own. According to New York law, a wrongful death claim can be filed by:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- A representative of the deceased’s estate
Wrongful Death Damages
Wrongful death damages compensate surviving loved ones for their own emotional and financial losses, and any losses suffered by the deceased before their death. Potential areas of compensation in a wrongful death case include:
- Lost income and loss of future income (including loss of benefits and retirement)
- Medical expenses
- Funeral and burial expenses
- Loss of consortium (love, companionship, emotional support, etc.)
- Pain and suffering
How Much Time Do I Have to File a Claim?
Each state has statutes of limitations limiting the amount of time a person has to file a civil claim. In New York, the statute of limitations for a wrongful death claim is two years. The two-year deadline begins on the date of the fatality (if the fatality date is different than the construction accident date).
If you have lost a loved one to a wrongful death caused by a construction accident, there are legal rights you should understand. To discuss your rights and legal options with a knowledgeable wrongful death lawyer, send us a message online or call (718) 624-1211 and schedule a consultation at Zucker & Regev, P.C.