Wrongful Death Attorneys Helping Families in the Bronx and Elsewhere in New York
The experienced and skilled injury attorneys at Jesse Minc Personal Injury Law advocate for the rights of people who have lost family members in construction accidents in New York City. Our team includes many lawyers who have been recognized by their peers as leaders in their fields. We are proud to represent members of the trades, both union and non-union, and to have obtained millions in compensation for injured construction workers and their families throughout the five boroughs.
Each client of Jesse Minc Personal Injury Law has a direct line of communication to the attorney handling their fatal construction accident case. We limit the number of cases that we accept in order to be certain that we can give our clients the individual care and attention that they need. Our Bronx wrongful death lawyers have access to top experts and investigators, who help us build each client’s case with the goal of recovering the maximum amount of damages available under the law. Our commitment to our clients shows in our more than 95 percent success rate of achieving positive outcomes, both in court and at the negotiating table. We also offer our fatal construction accident case clients a complimentary service, with no additional legal fees attached, if we accept your case: We will do all of the necessary legal work to set up your deceased loved one’s estate in Surrogate’s court (whether by Adminitration, or Probate of a will), a free service that will save your family thousands of dollars in additional legal fees compared to hiring attorneys who do not offer this service free of additional fees to their construction accident clients.
Construction is a daily fact of life throughout the Bronx and New York City. Cranes are almost always visible in the skyline, and construction equipment is so familiar as to be consiered background noise for many New Yorkers. All of this work leads to a variety of construction accidents, from falls from height to encounters with dangerous equipment or hazardous chemicals. When a construction accident results in someone’s death, the workers’ compensation system may allow the recovery of death benefits by their family. New York’s wrongful death statute may also allow the decedent’s representative to pursue liable parties for damages.
Generally, construction accident cases are governed by any one of three key sections of the New York Labor Law: Sections 240, 241(6) and 200. These important statutes are extraodinarily complex in their application to different types of construction accidents, and there are many nuances and subtleties to these laws that can create traps for the unwary if a constrction injury case is not prepared properly from the start. Our attorneys have uniquely extensive experience applying these laws – we have successfully argued cases involving the interpretation of these laws before trial courts, and the appellate courts, thorughout the State of New York – and offer to lend our expertise to your construction accident case to give you the best possible chance of success and fair compensation for your injuries. We also offer the substantial financial resources necessary to properly prepare each case, and will hire the appropriate top-of-their-field experts to ensure that every element of your case is properly proven.
Fatal Construction Accident Claims
A wrongful death claim alleges that someone’s negligence or wrongful act caused someone else’s death. The goal is to recover damages to cover medical and funeral expenses, and to compensate for the loss of the decedent’s financial support that he or she provided to the family while they were alive. It may also be possible to recover damages for the conscious pain and suffering endured by the decedent in some cases if it can be proven that the decedent experienced substantial pain and suffering of which they were consciously aware before they passed away.
Injury claims arising from construction accidents may differ from claims arising from car accidents and other negligent or wrongful acts. Claims against an employer for construction accident injuries may be limited by the workers’ compensation system, but other parties may be liable for a wrongful death.
Workers’ Compensation Death Benefits
In New York, workers’ compensation is a type of insurance that provides benefits to workers who suffer injuries on the job. It is a “no fault” system, meaning that an injured worker does not need to prove negligence or wrongdoing by their employer. Death benefits may be payable to the family of a worker who was killed in a construction accident. These often include an immediate payment to cover funeral costs and other expenses, as well as regular payments to beneficiaries for a defined period of time afterwards.
Determining whether a worker is entitled to workers’ compensation benefits and identifying beneficiaries entitled to the payment of death benefits can be complicated. When no direct employment relationship existed between the decedent and a third party involved in the accident, a wrongful death claim may be possible.
Wrongful Death Claims Against Third-Party Defendants
In order to maintain a cause of action for wrongful death, a decedent’s personal representative must be able to show that the decedent could have brought an injury claim against the defendant, had they not died. This could be a claim for defective or malfunctioning construction equipment under a product liability theory, or a claim for unsafe or hazardous premises based on a theory of premises liability. Moreover, the New York Labor Law establishes obligations for property owners and general contractors to provide adequate safety equipment. Section 200 of the Labor Law, for example, allows injured construction workers to recover damages for injuries resulting from failing to provide a reasonably safe work environment where the defendant was aware of the unsafe conditions but failed to remedy them, or where the defendant controlled and directed the work that the decedent was doing when their fatal accident occurred. These obligations are often highly relevant in a wrongful death claim.
Get Insights from a Construction Accident Lawyer in the Bronx Today
Jesse Minc Personal Injury Law offers substantial experience and expertise. We have access to a network of experts in forensics, safety, medicine, and other fields. As part of your free, no-obligation initial consultation, we will conduct a preliminary investigation of your claims, which includes obtaining copies of relevant medical records. We will cover 100% of the cost of preparing your case, and you are not obligated to pay us back unless we win. To learn more about how we can help you, contact us through our website or at (718) 354-8000. Our attorneys represent people throughout Manhattan, the Bronx, Queens, and Brooklyn, as well as in Nassau, Suffolk, and Westchester Counties.