A construction site is a place of movement and new beginnings—steel beams rising, concrete poured, foundations built. But what if when negligence causes the loss of a worker’s life, the site becomes something else: a reminder of a tragedy that should never have happened? Fatal construction accidents are devastating for families, leaving them with unbearable grief and financial uncertainty. When the unthinkable occurs, the question becomes: What can you do?
Filing a construction wrongful death lawsuit is one way to hold negligent parties accountable and secure your family’s financial stability. At Greenspan & Greenspan Injury Lawyers P.C., we understand the weight of your loss. For over 30 years, we’ve gently guided grieving families through complex legal battles, ensuring those responsible face justice. Our compassionate attorneys offer a no-recovery, no-fee policy, ensuring your family’s fight doesn’t add financial stress. If your loved one died in a fatal workplace accident, contact us now—you don’t have to go through this alone.
What Is a Wrongful Death Claim for Fatal Construction Accidents?
A wrongful death claim for a fatal construction accident is a legal action surviving family members file when a loved one dies due to another party’s negligence or misconduct. A successful lawsuit must establish that negligence, recklessness, or wrongful actions led to the accident.
In construction accidents, wrongful death claims typically arise when a contractor, property owner, or third-party company fails to follow safety regulations, leading to a fatal incident. Unlike workers’ compensation, which provides limited benefits, a third-party construction wrongful death lawsuit allows families to pursue full compensation.
This type of lawsuit allows families to recover compensation for financial and emotional losses, including:
- Medical expenses related to the fatal injury;
- Burial expenses; and
- Lost income, benefits, and financial support.
Responsible parties must be held accountable if negligence played a role in the tragedy. If unsafe working conditions, faulty equipment, or other third-party negligence caused your loved one’s death, filing a lawsuit may be your best path forward.
Who Can File a Construction Wrongful Death Lawsuit?
Not everyone can file a fatal workplace accident claim. Under New York Law, only the personal representative of the deceased’s estate has the legal authority to file a wrongful death lawsuit. This rule means family members—including spouses, children, and parents—cannot file the lawsuit themselves unless they are also the estate’s personal representative.
However, while only the personal representative can bring the lawsuit, the recovered compensation directly benefits the deceased’s statutory heirs. These heirs are typically:
- Surviving spouse and children—they receive the highest priority in recovering damages;
- Parents of the deceased—if there is no spouse or child, parents may be entitled to compensation; and
- Siblings or more distant relatives—if no immediate family members exist, the next of kin may be eligible.
New York’s wrongful death laws focus on financial loss, meaning courts consider the economic impact of the deceased’s absence when awarding damages. Unlike other states, emotional distress and the pain and suffering of family members are generally not compensable in New York wrongful death claims. However, there are exceptions. In cases involving young children, courts may consider the loss of guidance and care the deceased would have provided.
How Do I File a Fatal Workplace Accident Claim or Lawsuit?
Filing a wrongful death lawsuit for a fatal construction accident involves multiple legal steps. Navigating this process without experienced legal counsel can be overwhelming. Here’s what to expect:
- Appoint a personal representative. Since only the estate’s representative can file a wrongful death claim in New York, the first step is to have the Surrogate’s Court appoint an executor or administrator if the deceased’s will does not name one.
- Investigate the accident. You or your attorney must conduct a thorough investigation to determine liability. This investigation may include obtaining OSHA reports, construction site safety records, accident reports, and gathering eyewitness statements and physical evidence, such as photos and site conditions.
- Determine liability and legal grounds. The lawsuit must establish that negligence, recklessness, or a safety violation directly caused the death. Potentially liable parties may include property owners, general contractors, subcontractors, equipment manufacturers, or other third parties who contributed to unsafe conditions.
- Calculate damages. The estate can seek damages for medical expenses, funeral costs, lost wages, and loss of financial support.
- File the lawsuit within the statute of limitations. In New York, you must file wrongful death claims within two years of the person’s death. Missing this deadline can result in losing the right to seek compensation.
- Negotiate with insurance companies. Insurance companies often offer settlements early, but these amounts are usually far lower than what families deserve. Having a skilled attorney ensures negotiations result in a fair settlement.
- Proceed to trial if necessary. The case may go to trial if you cannot reach a fair settlement. A judge or jury will determine liability and award compensation based on evidence presented in court.
Given the complexities of construction wrongful death cases, working with an experienced attorney ensures you know all your legal options and handle the lawsuit process correctly.
Why Does Choosing the Right Law Firm Matter?
The legal system is complex, and construction companies have deep pockets to defend themselves. You need a law firm with the experience, resources, and reputation to take them on. At Greenspan & Greenspan, we offer:
- Over 30 years of experience in construction wrongful death cases;
- A proven track record with millions in recovered settlements;
- Attorneys recognized as Super Lawyers and known for aggressive representation;
- A client-first approach, ensuring 24/7 legal support; and
- A no recovery, no fee policy, so you don’t pay unless we recover for you.
Losing a loved one in a preventable construction accident is devastating. But you don’t have to fight for justice alone. Let our team stand beside you and demand the compensation your family deserves.
Contact Greenspan & Greenspan P.C. for a Free Case Review
If a fatal construction accident caused your loved one’s death, don’t wait to seek legal guidance. At Greenspan & Greenspan, we handle everything—from investigations to negotiations—so you can focus on healing. Justice begins with the right legal team. Let us fight for you.
