Rights and Compensation for Families in Fatal Construction Accident Cases

Winning Peace of Mind For New York

The loss of a loved one is a family’s most complex and challenging time. When tragedy strikes, you find that circumstances may have changed instantly. The person who was once the primary support of the entire family may be gone. It is stressful and terrifying. You need the calm and steady guidance of a knowledgeable and compassionate team of legal minds to guide you through the complex process of New York’s wrongful death laws.

At Passalacqua & Associates LLC, our personal injury lawyers understand the stress and trauma your family is facing. We will stand by your side every step, advocating firmly for you with doctors’ offices, insurance companies, claims adjustors, law enforcement, and others. We aren’t merely your attorneys but your partners on this journey. Call us for a free case evaluation at 315-277-3548.

How Are Construction Site Claims Different from Other Wrongful Death Claims?

Construction sites are generally more dangerous than outdoor work sites due to the high amount of heavy machinery and equipment present. The injuries and accidents that occur at these sites are often some of the most serious and life-threatening. Unfortunately, we live in a time in which unscrupulous employers will attempt to cut corners by using outdated or defective machinery, not caring for the well-being of their workforce.

Suppose your family has suffered the loss of a loved one through a construction site accident. In that case, it is advised that you seek the services of an empathetic and knowledgeable construction site lawyer who can guide you through the intricacies of filing a wrongful death claim and a workman’s compensation so that your family might receive the full benefits due you. Workman’s compensation will cover non-economic damages for the pain and suffering your family has endured from the trauma of your loss.

What is Negligence?

The standard rule of thumb for legally defining negligence is to determine if an individual failed to behave in a manner that a reasonable person would have undertaken in the same circumstances. It must also be evident that the individual’s actions or lack thereof caused harm because they had a responsibility to act, otherwise known as a duty of care.

Five essential elements are required to prove negligence in a court of law. They are as follows:

• The reality of a legal duty of care that the defendant owed to the plaintiff
• The defendant breached that duty
• Harm was done to the plaintiff
• The defendant’s actions are the cause of the harm
• The defendant’s actions are the cause-in-fact of harm to the plaintiff

What is Duty of Care?

As a general rule, people have entered into a contract as part of society stating that they will act in a way that will not harm others. When a jury is asked to consider duty of care as a legal element of negligence, they are asked to consider whether the defendant’s actions were reasonable.

The argument then becomes what is the definition of “reasonable” as that is a subjective term. There are some guidelines juries are asked to consider. For example:

• Was the defendant involved in creating the risk that resulted in the plaintiff’s harm?
• Did the defendant know beforehand that their conduct would cause harm to the plaintiff, and if they are claiming ignorance, should they have known

Some types of businesses create duties of care simply by existing. These are relationships between business owners and customers, innkeepers and guests, landlords and tenants, and doctors and patients.

How Are Wrongful Death Claims Filed?

Each case is unique and can always take a turn somewhere along the process. The process is as follows:

• Identify Responsibility
• Send Notification of Claim
• Gather Evidence to prove negligence. Evidence can include things like police reports, witness statements, medical records, expert opinions, videos, photos, or other documents that explain how or why your loved one died.
• Make Demand for Compensation
• Negotiate Settlement Amount
• Sign the Settlement Agreement

What Compensation Might Be Available for My Family’s Loss?

Every case is unique, and it is impossible to guess what compensation may be awarded beforehand. As a very general rule of thumb, some types of compensation are:

• Economic Damages- Economic damages are intended to atone the surviving family for the material losses of their loved one. Material losses include things such as your deceased loved one’s income, benefits, and services to the family
• Non-Economic Damages—While the loss of things such as wages is significant, recognizing the intangible losses in wrongful death cases is often more critical. Non-economic damages may be awarded to recoup for the loss of care, companionship, love, and guidance the deceased provided their loved ones
• Punitive Damages- In some instances, these financial penalties are distributed in addition to economic and non-economic damages. The purpose is not to compensate the survivors but is intended to punish the violator for particularly reckless conduct. Punitive damages are not feasible in all wrongful death cases. Your wrongful death attorney can discuss this option with you in more detail.

When Should I Contact a Wrongful Death Attorney?

The loss of a loved one is devastating and overwhelming. When another person’s negligence compounds that loss, you must obtain compassionate, trusted, and experienced legal counsel as quickly as possible. Passalacqua & Associates LLC understands your trauma, and we will be a staunch advocate for you. Call 315-277-3548 for a free consultation.