An unidentified 35-year-old man was killed when a commercial truck backed over him at Building 151 at the John F. Kennedy (JFK) Airport on the evening of Monday, October 15, 2018.
The incident occurred at 8 p.m., and the man was pronounced dead at Jamaica Hospital later that evening. Details on this incident are sparse, and the Port Authority Police Department Commercial Vehicle Inspection Accident Investigation Unit is investigating.
Our thoughts and prayers go out to this man and the friends and family who survive him.
While further investigation is necessary to fully reveal the facts which led to this tragedy, it is worth considering the conditions which must be met in order to successfully pursue a wrongful death lawsuit in New York:
- A death occurs
- That this death was caused by the wrongful conduct of another party or entity
- That the deceased person (referred to as the “decedent” in a wrongful death lawsuit) was doing something they were legally allowed to be doing
- That the decedent has been survived be a person or people who have suffered monetary loss (or “pecuniary loss” in legal parlance) due to the death
- That this survivor or survivors is capable of pursuing recoverable damages
In the wake of a death caused by another party’s wrongful or negligent actions, it is up to a personal representative of the decedent’s estate to pursue legal action. The statute of limitations on filing a wrongful death claim is two years from the date of the fatal accident.
This raises the question of what exactly the representative of a decedent’s estate may recover damages for. For starters, the cost of any funeral and burial processions may be recoverable in the event of a successful wrongful death lawsuit. If this man was working for an employer at the time of his death, it may also be possible to recover lost wages between the time of his injury and the time of his actual death, although this will likely depend on how precisely it can be determined when this man was injured and when he actually passed away.
More broadly, it may also be possible for this man’s estate to recover for any monetary support that he was providing for family members, such as children, siblings or parents. If this man had children, it may also be possible to recover for the value which his parental guidance and moral support would have provided them. When trying to put a value on such emotional or “non-pecuniary” damages, the guidance of an experienced wrongful death attorney will prove to be crucial.
The experienced New York attorneys at Block O’Toole & Murphy have a history of successfully litigating wrongful death lawsuits for New Yorkers who have lost loved ones due to another party’s negligence or carelessness. Select results include:
- $5,000,000 Settlement after a mother of four who was struck and killed by a garbage truck
- $3,000,000 Settlement after a death which occurred in a car crash at an intersection
- $2,558,000 Settlement after a man was killed while riding as a passenger in a T-bone accident
Wrongful death lawsuits are emotionally charged events which take a toll on everybody involved. But if you or someone you know have lost a loved one in an accident which did not need to occur, having an experienced and compassionate lawyer at your side can help to relieve the financial burden associated with the emotional trauma of losing a family member too soon.
Call 212-736-5300 to receive a free legal consultation from an experienced New York wrongful death attorney.