If your family has lost a loved one in a fatal construction accident, you might be left with many unanswered questions while coping with grief. What happened? Were required safety measures in place? Who had responsibility for protecting your loved one? You may also be managing funeral arrangements, lost household income, and uncertainty while still trying to understand what happened. A construction wrongful death lawsuit can help you seek financial compensation for unexpected losses.
An investigation can identify potential legal responsibility and help a family understand its options. The attorneys at Matera & Manley want to support your family with clear legal guidance and courtroom advocacy to seek justice on behalf of those affected.
What Families Need To Know About the Construction Wrongful Death Lawsuit Process
A wrongful death claim may arise when another party’s wrongful conduct causes a death and would have supported a claim by the worker had the worker survived.
In New York, the estate’s duly appointed personal representative files the lawsuit on behalf of eligible surviving family members. This representative may be an executor named in the person’s will or a court-appointed administrator if there is no will.
An investigation can help determine whether faulty scaffolding, inadequate fall protection, falling materials, or unsafe equipment contributed to the accident. The goal is to understand what went wrong and who may be legally responsible.
New York’s construction safety laws may help establish who is legally responsible for your loved one’s death. Labor Law § 240(1) addresses certain risks associated with working at heights, while Labor Law § 241(6) establishes protections related to construction-site safety. These laws may help support your family’s claim, depending on the circumstances.
New York wrongful death lawsuits must meet certain deadlines. The representative generally must file the claim within two years of the date of death. Claims involving certain government bodies may have additional requirements, including an earlier deadline to provide formal notice. Under General Municipal Law § 50-e, that deadline is generally 90 days after the estate representative is appointed for covered wrongful death claims.
Two types of claims may apply to your family’s situation: wrongful death and survival claims.
Wrongful Death Damages
These address the legally recognized economic losses of eligible surviving family members. A claim can compensate for proven losses, including:
- Financial support and benefits your loved one would have provided
- The value of household services your loved one would have performed
- Parental care and guidance your loved one would have provided
- Qualifying medical and funeral expenses
A Survival Claim
The estate may also have a separate claim for a person’s conscious pain and suffering before death, when supported by evidence.
These rules can feel complicated, especially when your family is already navigating loss. That’s why working with a wrongful death attorney can make the process feel simpler.
How a Wrongful Death Attorney Supports Your Claim
A wrongful death attorney, like the ones at Matera & Manley, supports your wrongful death claim by identifying what caused the accident, who had relevant responsibilities, and how a failure contributed to the death.
We start by reviewing the evidence. Our attorneys may examine:
- photographs
- available footage
- witness accounts
- equipment condition
- incident reports
Using these details, our attorneys can identify potentially liable parties, including property owners, contractors, subcontractors, and others connected to the work or equipment involved. Then we can connect the evidence to the applicable safety duties and the accident’s cause.
How Does a Wrongful Death Lawsuit Relate to Workers’ Compensation?
Our attorneys also help you understand your options for workers’ compensation benefits, which are separate from wrongful death and survival lawsuits. Eligible family members may qualify for workers’ compensation death benefits, including financial support and assistance with funeral expenses.
Workers’ compensation generally prevents families from suing the employer directly for a covered workplace death, subject to exceptions. However, the estate’s personal representative may be able to bring a separate lawsuit against another party responsible for the accident, such as a property owner or another contractor.
Receiving workers’ compensation benefits does not necessarily mean your family has exhausted its legal options. If your family also receives compensation through a separate lawsuit, certain workers’ compensation benefits may need to be repaid, and future benefits could be affected. Our attorneys can help you understand how these claims work together.
Discuss Next Steps for Your Family at a Free, Confidential Consultation
A construction wrongful death lawsuit can be an emotionally difficult process for families, but the attorneys at Matera & Manley are ready to handle the legal details and keep your family informed. Michaelangelo Matera’s trial and civil litigation experience helps him evaluate the evidence and prepare a case that seeks to hold responsible parties accountable when the facts allow.
Schedule a free consultation to discuss what happened, potential claims, and the next steps for your family.
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