In New York or elsewhere, it’s devastating to receive a telephone call and learn that a loved one has been killed. It can take a long time to come to terms with such shocking news. Construction accidents account for many of these tragedies.
In certain cases, spouses or parents of decedents have pursued litigation on behalf of their family members. Someone considering filing such a claim will want to keep several things in mind. One of the most important factors to note is that there is a statute of limitations regarding how much time is allowed for filing a civil claim.
New York law differs for victims versus family members of deceased victims
If you’re planning on filing a claim on behalf of a deceased loved one following a construction accident, you must do so within two years of the date of the incident. However, if you yourself are a recovering accident victim, you have an additional year in which to file your own claim. Regarding all personal injury or wrongful death claims, plaintiffs have the burden of proving in court that a defendant was negligent or acted with malice, which directly caused injury or death.
Personal injury litigation is stressful
Especially if you’re filing a claim on behalf of a deceased loved one, litigation regarding construction accidents is often emotionally draining. It’s difficult to listen to the details of a loved one’s death explained at length in court. Gregory P. Haegele provides strong support for accident victims and their families to seek justice when another person’s negligence has resulted in severe or fatal injuries.