New York Construction Accident Attorneys - Kleinick Law
 

Keith A. Kleinick, Esq.

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THE WOOLWORTH BUILDING, 233 BROADWAY, 5TH FL, NEW YORK, NY 10279 / PHONE: 212.233.5433
Wrongful Death - Legal Rights
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Construction Accident > Wrongful Death

WRONGFUL DEATH

The New York City Wrongful Death Lawyers at Kleinick Law are experienced in cases involving wrongful death due to construction accidents. We practice in New York City (NYC), Brooklyn, Bronx, Manhattan, and surrounding areas.

DEATHS DUE TO CONSTRUCTION ACCIDENTS

Construction is one of the most hazardous industries. Over 336,000 construction workers in New York face potential hazards in construction sites every day. Each year a substantial number of construction workers lose their lives; many others are injured. Estimates of the number of fatalities range from several hundred to over 2,000 per year (Source: OSHA).

If you lost a loved one due to a construction accident, contact our New York City Wrongful Death Lawyers at Kleinick Law today!

Based on the analysis of the 3,496 construction fatalities investigated by OSHA for the period 1985 to 1989:

  • Falls from elevation represent the largest cause, 33 percent, of all construction fatalities. Struck by, caught in/between and electrical shock represent 22 percent, 18 percent and 17 percent, respectively.
  • Roofs and scaffolds are the major locations of fatalities due to falls from elevation.
  • Approximately 75 percent of the fatalities due to being struck by a machine involve heavy construction equipment such as trucks, cranes, graders, or scrapers.

LEGAL RIGHTS FOR DEATH OF CONSTRUCTION WORKERS

Wrongful death is a legal term which refers to situations when a person dies due to negligence of another. Wrongful death cases arise in a number of different ways like, car accidents, medical malpractice, truck accidents, motorcycle accidents, construction site accidents etc.

A wrongful death suit is different from other types of personal injury claims because the actual victim is not bringing the suit, rather it is usually a family member or the decedent's estate. A wrongful death claim is brought to try and recover damages for injuries that the surviving estate and or family have suffered due to the death of a victim. The damages recovered usually do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensation unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death.

WHO CAN FILE A WRONGFUL DEATH SUIT?

This will all depend on your particular states statutory language, but generally it would be immediate family members (i.e. spouses, children or parents) can pursue a wrongful death claim (minors under the age of 18 years old may require a guardian to represent their interests in court).

Each state has it own statute of limitation which defines the time frame during which a lawsuit must be filed. These time frames usually run from the time of the victim's death, although some states may allow a longer time period for a lawsuit to proceed, if the act which caused the death was not discovered until later.

A valid claim may be denied if it is filed after the statute of limitations has run out. If you feel that you have a valid claim for wrongful death, it is important that you speak with a qualified New York City Wrongful Death Lawyer at your earliest convenience to preserve your rights. An early action will help to preserve evidence, or locate witnesses that you may need to win your case.

WRONGFUL DEATH DAMAGES

The following types of damage are considered in a wrongful death case:

  • The expected loss in income of a person who has died.
  • Sorrow, mental anguish, loss of companionship and comfort.
  • Expenses for the care, treatment and hospitalization for the person who has died.

Examples of these are immediate expenses associated with the death:

  • Loss of victims anticipated earnings in the future until time of retirement or death.
  • Loss of benefits caused by the victim's death.
  • Loss of inherits caused by an early in life death.
  • Pain and suffering and/or mental anguish to the survivors.
  • General damages and punitive damages.

Here at Kleinick Law we use our years of experience in handling wrongful death cases to investigate every possible factor that would cause a wrongful death, and to ensure that you will receive full compensation for your pain and suffering.

If you lost a loved one due to a construction accident, contact our New York City Wrongful Death Lawyers at Kleinick Law and fill out a free case evaluation form today! Your initial consultation is FREE! "If we don't win, you don't pay!"


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