Losing a loved one in a construction accident can be emotionally devastating — and it’s important to hold the wrongdoer accountable for the losses you have suffered. If their passing was caused by a third party’s negligence, you may be entitled to monetary recovery beyond Workers’ Compensation by filing a wrongful death action. While these types of lawsuits are complex, it’s crucial to have an experienced attorney by your side who can guide you through the process and help ensure you obtain the compensation you deserve.
Here’s what you should do if your loved one dies in a construction accident:
1. Obtain Letters of Testamentary or Letters of Administration
Even if you are the victim’s next of kin, you will still need to be designated the “personal representative” of their estate in order to file a wrongful death action. This individual can either be designated in a last will and testament or appointed by the Surrogate’s Court. If the victim had a will that designated a personal representative, the Surrogate’s Court will issue letters testamentary. In the event there was no will, letters of administration will need to be obtained.
It’s essential not to delay in seeking letters testamentary or letters of administration if a loved one dies in a construction accident — there is a strict two-year statute of limitations in place to file a wrongful death action in New York.
2. Consult with a Wrongful Death Lawyer
If a loved one dies in a construction accident, one of the first things you should do is consult with an experienced wrongful death lawyer. They can advise you regarding your legal rights, assist you with navigating the complexities of filing a wrongful death lawsuit, and ensure you obtain the compensation to which you’re entitled. Critically, they can also investigate your claim, identify the liable parties, build a solid case, and seek justice on your behalf for the loss of your loved one.
3. Understand the Damages You’re Eligible to Receive
A construction accident victim’s survivors may be entitled to a wide range of economic damages. The amount of compensation will depend upon the facts and circumstances of the specific case. Generally, the damages that may be recovered in a wrongful death lawsuit can include the following:
- Medical expenses in connection with the victim’s final injury
- Funeral and burial costs
- Lost wages and benefits the victim would have earned
- Loss of household services provided by the victim
- Loss of inheritance for the victim’s children
- Loss of parental guidance
Although a construction accident victim’s family cannot recover compensation for their grief or emotional distress, they may be able to recover for the victim’s conscious pain and suffering by filing a survivorship action. This is a separate cause of action that compensates for the pain and mental anguish the victim experienced due to their injury, prior to their death.
4. File a Wrongful Death Claim
Filing a wrongful death claim after a loved one dies in a construction accident is similar to the process of filing a personal injury lawsuit. However, it is filed on behalf of the victim’s estate since the decedent cannot bring the lawsuit themselves. An experienced wrongful death attorney will know the procedures that must be followed — and the statutes of limitation that must be met. They will be able to investigate the case, gather the necessary evidence to support your claim, and work to obtain the maximum compensation you deserve for your tragic loss.
Contact an Experienced New York City Wrongful Death Lawyer
If you’ve lost a loved one in a construction accident, it’s essential to seek the counsel of a wrongful death lawyer who can protect your rights and build a solid case. The Edelsteins, Faegenburg & Brown LLP fights for the rights of construction accident victims and their families to ensure they secure their rightful compensation. Located in Manhattan, we have been handling personal injury and wrongful death cases throughout New York City since 1937. Call (212) 425-1999 to schedule a free consultation today.