Pursuing A Wrongful Death Claim After A Balcony Collapse In NYC

As an experienced New York personal injury attorney, I am well aware that not many accidents are as destructive as a balcony collapse accidents. Such an incident can cause the most unfortunate catastrophic injuries or even the worst scenario-the wrongful death of a close one. Indeed, with high-rise buildings so common in New York City, responsibility for balcony safety becomes a question, but unfortunately, building maintenance lapses, code violations, or poor construction may all lead to catastrophic accidents. Wherein a victim dies due to a collapsed balcony, a claim for wrongful death can be filed by the family against the landlord or any other liable party under New York’s wrongful death statute.

Understanding Wrongful Death Claims In New York

Wrongful death claims in New York are governed by the New York Estates, Powers & Trusts Law (EPTL) § 5-4.1, which entitles the personal representative of the decedent’s estate to institute an action on behalf of surviving family members. These claims will seek compensation for losses incurred, which may include funeral expenses, lost wages, and other emotional and financial support commonly provided by a loved one. Importantly, wrongful death claims must be filed within two years from the date of death based on New York’s statute of limitations.

Determining Liability In Cases of Balcony Collapse

To establish liability in a balcony collapse wrongful death case, it is necessary to prove that the non-negligent/reckless conduct of another party was a direct cause of the accident. Property owners, landlords, and building management companies in New York have a legal duty to maintain their premises in a reasonably safe condition. This includes a duty to construct, inspect, and maintain balconies in conformity with applicable local building codes.

The building and maintenance of balconies are to be strictly subject to New York City Building Codes. For instance, Section 3309 of the New York City Building Code dictates minimum standards of safety in the case of existing buildings or structures regarding their balconies. In addition to this, if found guilty of failing to observe such minimum standards and then suddenly causing such a structure to collapse, the owner or manager may be held liable in the case of injuries or death of the person or persons accidentally injured or killed.

Negligence in balcony collapse cases may result from one or more of the following: failure to inspect or maintain the balcony, improper construction or design, among others. More often than not, regular inspections are crucial for discovering any potential structural issues, such as rust, cracks, or unstable railings, that may result in a collapse. A balcony may be unsafe because it had not been built according to proper engineering specifications or according to the building code.

For example, the weight of occupants on the balcony more than it was designed to hold will cause the structure to collapse. It is the responsibility of the owner to let the occupants be aware of weight allowances on the balcony and assist in regulating or restricting when necessary.

Things To Do After A Balcony Collapse

If a loved one dies from a balcony falling, there are a number of important steps that will be taken in order to protect your rights and build the best case possible for wrongful death. First, if possible, document the scene where the accident occurred and collect any evidence that will support your claim, such as photographs, potential witness statements, and any records related to the history of maintenance of the building or any prior complaints about the balcony.

There will likely also be the need for an investigation regarding cause of the collapse, which may include obtaining engineering reports and records of building inspections, as well as determining whether any code violations had beencited against the owner or management company.

This will involve working with other experts, including engineers, architects, and building safety professionals in identifying the precise failures that took place along the process to construct a comprehensive argument for compensation.By proving that a negligent act caused your loved one’s death, we could bring the liable parties before the law.

Potential Damages In New York Wrongful Death Claims

In making a claim for wrongful death in New York, there are different kinds of damages recoverable by surviving family members, including, but not limited to, the following:

• Funeral and burial expenses – The cost utilized to lay your loved one to rest.
• Medical expenses – The cost of any medical bills incurred from the accident prior to the death of the victim.
• Lost wages and benefits – Damages for the financial support that reasonably could have been expected from the decedent, which may include future earnings and other benefits such as health insurance or a retirement plan.
• Loss of parental guidance and support – The damages that result from the loss of guidance, nurturing, and emotional support provided by the decedent to his or her children or dependents.
• Pain and suffering – Although survivors cannot recover damages for their own personal emotional distress, in New York, it is allowed to recover against any pain and suffering that the loved one endured prior to death.

Frequently Asked Questions About Wrongful Death Claims In New York

What Is The Filing Deadline For A Wrongful Death Lawsuit In New York?

For example, in New York, there is a two-year statute of limitations starting from the date of death to file a wrongful death claim. Failure to submit your claim within this time can lead to the expiration of your rights. Contacting an attorney now will help to protect your legal right to compensation.

Who May Bring A Wrongful Death Action In New York?

New York law provides that the survival of a wrongful death claim can only be filed by the personal representative of the deceased’s estate. This is typically anyone named in the deceased’s will to manage the estate or, in the absence of a will, an administrator appointed by the court. However, any recovered damages pursuant to such a claim are apportioned among the deceased’s survivors, including a spouse, children, or parents.

What Must Be Proven Through Evidence To Establish Negligence In A Balcony Collapse Case?

In proving negligence in a case of balcony collapse, one may need to identify the breach of the duty of care either by a property owner or any other party entrusted with the responsibility of care for that balcony. It may involve evidence that no regular inspections were conducted so that essential repairs were not done or that building codes have been violated. Expert testimony by engineers or building safety professionals is often critical to establishing the cause of the collapse and who is liable.

How Long Does It Take To Settle A Wrongful Death Case?

The time of wrongful death case settlement is vastly variable concerning the amount of available proof and case complexity, whether the liable parties are willing or not. While some may be settled within some months, others take many years, especially in cases going to trial.

Can I Bring A Wrongful Death Action If My Loved One Was Partially At Fault For The Accident?

New York is a pure comparative negligence state. What this means is that if your loved one was partially at fault for causing the accident, then it is not a complete bar to your recovering compensation in court. Your recovery will be reduced by the percentage of fault apportioned to your loved one in causing the accident.

The Right Firm Is Right Here

No one imagines losing a loved one from a balcony collapse. A claim of wrongful death can be complex and emotional. At Jonna Spilbor Law, we will guide you through your case to the court to get justice and compensation for your loss. If you have lost your member of the family because of a balcony fall in New York, please don’t hesitate to contact our New York wrongful death lawyers for a free consultation by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799. We would be honored to guide you through this difficult time and to ensure that your family receives the compensation that each one of them so rightly deserves.