Can the Husband or Wife of a Construction Worker File a Wrongful Death Claim?
Overall, men and women who are construction workers face multiple hazards throughout their daily routines. Besides the obvious issues including toxins, chemicals, and loud noises, these men and women have to scale great heights and may utilize dangerous pieces of equipment just to keep our fair city and beautiful state up-to-date in certain regulatory standards. Ultimately, many of these construction workers can meet untimely ends due to unsafe working conditions.
On that note, can husbands or wives of these construction workers file wrongful death claims on behalf of their lost loved ones? Let’s take a closer look and find out some more information.
The Specifics of Wrongful Death Claims in New York
Each of us can agree that people can suffer a great emotional toll following the death of a loved one. However, under the Estates, Powers, and Trusts Laws (EPTL) of the State of New York, only certain people wield the authority to file wrongful death lawsuits against people who may have been responsible for a fatal accident.
EPTL Section 5-4.1 dictates that the personal representative of the victim’s descendant(s) may file a claim to compensate for the untimely death of a loved one and ensuing damages. In the event that a similar lawsuit has previously been filed against this same culprit, the representative must file the new claim within one year, in keeping with criminal procedure law (Section 1.20).
Remember that the defendant is, in this case, the person who would have been held responsible for the victim’s injuries if he/she had not died during the accident.
Compensation for the Wrongful Death
As dictated in Section 5-4.3 (a) of the EPTL, if the claim is approved, the plaintiff will receive a reward that the court has deemed to be an appropriate amount covering the death of the family member. These expenses, as expected, cover medical bills, pecuniary injuries, funeral costs, and more.
In keeping with the rules established in Section 4-1.1 of the EPTL:
- Spouse and issue: If the loved one is survived by the husband/wife and issues (lineal descendants from direct bloodline), $50,000 and 50% of the residual compensation will be awarded to the husband/wife.
- Spouse and no issue: If the loved one is survived and without issues, the husband/wife will be awarded the entirety of the compensation.
Wrongful Death Lawyer in New York State
As you go about your daily business, life can take a dangerous turn when you suffer from a severe injury, particularly in your line of work. Maintenance and constructions are essential aspects of businesses around the world, but you must always be prepared for the worst if you work in a hazardous environment. However, if you have fallen victim to an accident that was caused by negligence or wrongdoing, then you may have the right to file a personal injury claim against a culprit.
Although this might be difficult, though, you must remain calm. With the assistance of a personal injury lawyer who is experienced with wrongful death claims, you can gather viable resources to create a strong case in court.
Here at Gattuso & Ciotoli, our attorneys have more than 50 years of combined legal experience and deliver the some of the most high-quality legal services to victims of a wide variety of accidents in the vicinity of Syracuse, New York. We value your perspective on your case and your goals for the future and ready to help you receive the justice you deserve. For more information on our four practice areas or your legal matter, contact us at (315) 314-8000 today.