Understanding wrongful death claims is crucial for families of construction accident victims in New York. Construction sites are risky, often leading to severe injuries or fatalities. Families face grief, financial issues, and uncertainty about responsibility after such tragedies. Wrongful death claims offer a path to seek accountability and compensation. This guide will clarify these claims in New York and assist families through the process. At, The Nicotra Law Firm, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is a Wrongful Death Claim in New York?
A wrongful death claim happens when someone’s death results from another’s negligence or wrongful act. In construction, this could be due to unsafe conditions or equipment failures. New York law allows specific family members to seek damages for their loss. The focus is on financial and emotional harm, offering some relief during tough times.
Only the deceased person’s estate representative can file the claim. However, eligible family members receive the compensation. This includes spouses, children, or parents. This system ensures proper handling and support for the most affected.
Common Causes of Fatal Construction Accidents
Construction sites have many hazards. Common causes of fatal accidents include falls, being struck by objects, electrocution, and equipment failure. Often, these accidents stem from poor safety practices or inadequate training. Such negligence can lead to wrongful death claims.
New York law mandates proper safety measures and training. Yet, violations are common. Falls, for instance, are preventable with the right safety gear. Without it, the results can be deadly.
Who Can Be Held Responsible in a Wrongful Death Claim?
Identifying responsibility is key in wrongful death claims. Multiple parties can be liable, including employers, contractors, and equipment manufacturers. Employers must enforce safety rules and provide training. Contractors and property owners should fix known hazards. Manufacturers are accountable for defective products. Each case is unique, making it crucial to understand the accident’s specifics. New York’s comparative negligence rule affects liability. It divides responsibility based on fault. This rule also impacts compensation for families.
Founding Partner Managing Partner Associate Attorney
Richard Nicotra
Andrew Connelly
Emily Oczytko
What Damages Can Be Recovered in a Wrongful Death Claim?
Families can recover damages for their losses. This includes economic losses, like medical and funeral costs, and lost income. It also covers non-economic losses, such as emotional suffering. New York limits these to measurable impacts, like the loss of guidance or companionship. Families must act quickly in New York. The deadline is usually two years after death. Missing it means losing the chance for compensation. Early legal advice is crucial to meet this deadline.
How a Legal Team Can Help with a Wrongful Death Claim
A legal team eases the burden after a construction accident. They handle investigations, evidence collection, and negotiations. Their knowledge of laws and safety standards is vital. They identify negligence and build strong cases, ensuring families get the justice and compensation they deserve.
Investigating the Cause of Death
In wrongful death claims, finding the accident’s cause is vital. For construction accidents, this means checking safety records, inspecting the site, talking to witnesses, and consulting specialists. Construction accidents are complex. They can stem from faulty equipment, poor maintenance, wrong machine use, or ignoring safety rules. Proving negligence or safety violations is key for the claim.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
The Importance of Documentation
Good documentation is crucial in wrongful death claims. More evidence means a stronger case. For construction accidents, this includes reports, medical records, witness statements, photos, and videos. Records of talks with insurers and others are also important.
Documents show the accident’s cause and the family’s losses. Medical records reveal injuries leading to death. Income records show what the deceased would have earned. Keeping track of emotional pain and loss helps assess non-economic damages. Families must preserve evidence right after the accident. A legal team can help gather and organize documents.
Understanding the Role of Insurance Companies
Insurance companies are key players in wrongful death claims. Many construction accidents fall under workers’ compensation or liability insurance. Workers’ compensation covers medical costs and some lost wages. However, it doesn’t cover all emotional or financial losses. That’s where wrongful death claims come in.
Insurance companies often try to reduce payouts. They might downplay the accident, shift blame, or offer low settlements. Having a legal team is crucial. They negotiate with insurers to protect families. A lawyer handles communication with insurers, ensuring all information is shared. They assess settlement offers and decide if they’re fair. If not, they take the case to court.
Related Videos
How should I choose a personal injury attorney for my claim?
Insurance companies dirty tricks
The Emotional Impact of a Wrongful Death in Construction Accidents
Losing a loved one in a construction accident is devastating. The emotional toll on family members is immense. They face grief, anger, and an unbearable sense of loss. Families also face financial struggles after such a loss. This is especially true if the deceased was the main breadwinner. The absence of this support can lead to significant hardship. It’s common for family members to feel anxious, depressed, and uncertain.
Financial compensation can’t replace a loved one. However, it can relieve some burdens. This includes funeral costs, medical bills, and loss of support. Pursuing a wrongful death claim can also bring a sense of justice.
Settling a Wrongful Death Claim
Most wrongful death claims settle out of court. The decision to settle or go to trial depends on the case. Settling is faster and avoids trial uncertainties. However, families must ensure the offer is fair and covers all losses.
Negotiations are key. The legal team reviews settlement offers carefully. If a fair deal isn’t reached, they may take the case to trial. At trial, the family shows evidence of the defendant’s liability and their losses. The legal team argues for the needed compensation. The court considers all damages. Going to trial can be long and stressful. Yet, it might be the only way to get fair compensation. An experienced legal team supports the family through the process.
The Importance of Timely Action
Timing is crucial in wrongful death claims, especially for construction accidents. New York law allows two years to file a claim. This may seem enough, but acting quickly is vital. Early action helps gather evidence, speak to witnesses, and meet deadlines.
Some evidence, like surveillance footage, is time-sensitive. Getting a legal team involved early boosts the chances of building a strong case. If you’ve lost a loved one in a construction accident, you need dedicated legal support. The Nicotra Law Firm, PC is here for families facing wrongful deaths from construction accidents in New York. We understand the pain of such a loss and support you throughout the legal process. Our team fights to hold those responsible accountable and secure the compensation you deserve. Contact The Nicotra Law Firm, PC today for a consultation. Let’s take the first step toward justice together.