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Filing a wrongful death claim after a fatal construction accident

In past blogs, we've talked in-depth about the hazardous conditions that cause construction accidents in New York City. In fact, although they only make up three percent of the city's workforce, construction workers account for more than one-third of all workplace fatalities.

After the death of a loved one, it is understandable that the last thing you want to do is go through a lawsuit. While no legal action can make up for your loss, you can obtain justice for your loved one by holding responsible parties accountable for the fatal construction accident.

In New York, only the personal representative of the deceased person, appointed by the Surrogate's Court, can file a wrongful death action. In the lawsuit, this representative must prove:

  • The defendant/s acted negligently
  • This negligence caused the deceased person's death
  • The surviving spouse, children or other dependents have suffered financial damage as a result of this death

Damages that can be recovered in a wrongful death lawsuit include:

  • Medical and nursing care costs
  • Funeral and burial/cremation expenses
  • Value of earnings lost from the time of injury to death of the deceased
  • The pain and suffering of the deceased*
  • Support and services for survivors
  • Loss of parental guidance, nurturing and education of dependents
  • Other economic losses

*Survivors cannot recover for their own pain or suffering.

As with any legal issue, it is in your best interests to hire legal representation with experience in construction accident and wrongful death cases. Your attorney can act as your advocate throughout the legal process, and help you to obtain fair compensation for your loss.

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Phone: 212-235-1197 Fax: 212-943-0001