Fewer than 10 people die annually as a result of construction site accidents in New York City these days. This number has decreased dramatically from 2022, when it stood at 24.
Thankfully, these deadly mishaps are few and far between. Still, at least a few families suffer traffic losses each year, which means experienced and compassionate legal professionals must be ready to help them seek justice.
If someone close to you died while working on a building in the Big Apple, consider calling a fatal construction accident lawyer in NYC for help. You and your family might maintain the right to file a wrongful death case and collect compensation if you can prove negligence on the part of individuals and/or companies involved in your loved one’s death.
Here is what you should know before taking legal action through a construction accident attorney in New York.
What You Should Do After a Loved One’s Fatal Accident
In the immediate aftermath of a loved one’s death, you and your fellow family members might not know which steps you should take next. On top of this, you will also be mourning their loss at the time, further complicating matters and making it challenging to decide how to react to this unfortunate situation.
From a legal perspective, you shouldn’t put off exploring your potential options for any longer than necessary. Take these steps, even if you aren’t sure whether or not you plan to take legal action:
- Keep the documents you receive following your family member’s death, including medical records, funeral bills, accident reports, etc.
- Preserve as much of the evidence related to their tragic death as you can.
- Write down information about all the events that occurred after death to avoid forgetting key details.
Schedule a consultation with a fatal construction accident lawyer in NYC as well. Search for one who is well-versed in the latest NYC local building laws regarding safety.
How Workers’ Compensation Benefits May Help You
Some families believe workers’ compensation only applies to work-related accidents involving injuries, but this isn’t true. You and your family might also benefit from workers’ compensation following a fatal mishap involving someone within your immediate circle.
As long as your loved one’s employer had a workers’ compensation insurance policy at the time of their death, you might be eligible to receive benefits. These may include:
- Up to $6,000 for funeral expenses
- Compensation to cover medical bills originating from their catastrophic injuries
- Death benefits worth up to two-thirds of your loved one’s average weekly salary
While these benefits could help you deal with expenses related to your family member’s death, they might pale in comparison to what you could collect by filing a lawsuit. This makes it essential for you to talk to a fatal construction accident lawyer in NYC about how to handle your case.
When You Can File a Lawsuit Against a Loved One’s Employer
Depending on the circumstances surrounding the tragedy that killed your loved one, your family may or may not be eligible to file a lawsuit against the company that employed them at the time. Ensure you discuss them with an experienced lawyer capable of evaluating the case and determining liability.
Families can typically file lawsuits against companies that employed their loved ones in the following scenarios:
- An employer didn’t have a required workers’ compensation insurance policy
- An employer allowed a dangerous work environment for employees to exist
- An employer knowingly failed to follow Occupational Safety and Health Administration (OSHA) regulations
New York also has state-specific laws, like New York State Labor Law Section 240, that hold employers liable for certain types of accidents that occur within the construction industry. Also known as the Scaffold Law, it enables workers or their families to file lawsuits against employers after incidents involving falls from great heights or falling objects.
Who Else You May Sue After a Loved One’s Death
The company that employed your family member at the time of their fatal accident in New York City isn’t the only party that might be held legally responsible for their death. Other third parties could also share or receive all the blame for this calamity in certain instances.
Here are a few third parties you may be able to file a lawsuit against through a fatal construction accident lawyer in NYC:
- A property owner who failed to keep their building safe during a project
- General contractors and subcontractors who contributed to making a site dangerous
- Manufacturers who provided defective equipment, tools, and/or other supplies that caused a fatality
- Architects and engineers who created faulty plans for a project
- Safety inspectors who failed to identify potential risks on a site during inspections
The accident attorney that you work with should explore every possible avenue when determining who you should take legal action against after your loved one’s death. They may advise you to file a lawsuit against their employer, third parties, or some combination of both based on the evidence they gather.
What You Must Prove To Win a Wrongful Death Case
No matter who you decide to file a lawsuit against following a fatal construction accident in NYC involving a family member, you must prove negligence on the part of a defendant to win your case. This is when hiring a seasoned wrongful death lawyer will help.
There are four main elements of negligence in a wrongful death lawsuit:
- Duty of care: A defendant had a legal responsibility to ensure the safety and well-being of your loved one.
- Breach of duty: They breached this duty by committing a negligent act.
- Direct causation: Their negligent act directly led to a family member’s accident and the injuries that caused their death.
- Damages: Their death resulted in quantifiable damages.
If the lawyer you bring on board to handle a wrongful death case fails to prove even one of these elements of negligence, it will likely lead to your case being dismissed. To prevent this, this attorney should compile an extensive collection of evidence and utilize it to prove negligence.
Here are examples of the types of evidence they may use to prove negligence:
- Official reports
- Photographs and videos from the scene
- Statements from those who witnessed an accident
- Medical records and a death report
- Expert testimony on safety practices
Which Fatal Construction Accident Lawyer in NYC You Can Trust
The fatal construction accident lawyer in NYC you hire to file a lawsuit could make or break your case. Be sure your attorney has the following attributes:
- Plenty of experience within the legal industry
- A history of handling cases that involve fatal construction incidents
- A strong reputation among those who have filed cases similar to yours
Ensure you have a great rapport with the lawyer you hire. You will spend a lot of time working closely with them, so it’s important to feel comfortable with their communication style.
Contact Us To Speak With a Trusted Workplace Accident Attorney in NYC
Choosing the right construction accident lawyer is paramount when you’re interested in filing a lawsuit. Dervishi Law Group, P.C., will provide a fatal construction accident lawyer in NYC you can count on.
This attorney will review your case, advise you on your legal options, and represent you from beginning to end if you decide to take legal action. We can also answer any additional questions about the wrongful death process.
Call us at (718) 484-4757 to set up a free case evaluation.
