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Filing Wrongful Death Claims for Fatal Construction Accidents

By Edited Oct 22, 2016 0 0

Construction Accidents

Construction sites are considered as an accident prone area because of the hazardous equipment used and the place itself. For this reason, accidents that happen in these kinds of places usually result to various injuries and fatalities.

Some examples of fatal construction accidents include, but are not limited to, the following:

  • Unnoticed flooring holes
  • Slip and fall accidents
  • Welding accidents
  • Hit by falling debris
  • Roof related falls
  • Electrocution
  • Fire and explosion
  • Trench collapse
  • Forklift, crane and other motor vehicle-related accidents
  • Scaffolding accidents
  • Unsafe ladder breakage

Causes of Fatal Construction Accidents

Many different factors may possibly contribute to fatal construction accidents. Some of the causes of these accidents include, but are not limited to, the following:

  • Industrial gases
  • Poor safety standards
  • Technical error
  • Lack of safety gear and equipment
  • Faulty machines
  • Negligence

Wrongful Death Claims

If one of your family members died in a fatal construction accident and you believe it was caused by the fault of others, you may be entitled to file a wrongful death claim.

Wrongful death occurs when an individual dies an untimely death due to the negligence, malpractice, inaction, or recklessness of another person, company, or entity.

The filing of wrongful death claims may vary depending on the laws applied in a state. Those who are eligible to bring a lawsuit are close family members of the decedent. These include the following:

  • Parents
  • Spouses
  • Children (Certain state laws may possibly require minor children to have an appointed legal guardian, also referred to as "guardian ad litem")

Some states permit more distant members of the family to file a claim, such as the decedent's grandparents. There are also certain states that permit legal dependents of the decedent who are going through financial injury to bring a wrongful death lawsuit for loss of care and support.

Elements of Wrongful Death Claims

For your wrongful death claim to be successful, certain elements must be present, including:

  • The death of a family member
  • Death must be due to the carelessness, misconduct, or negligence of others
  • Surviving family members of the decedent who are experiencing monetary damages that resulted from the victim's death
  • An appointed legal professional to represent your case

Damages in Wrongful Death Claims

In wrongful death claims, some of the damages that you can recover may include, but are not limited to, the following:

  • Lost earnings of the decedent (this may include future earnings, between the time of death and the estimated retirement or death of the decedent)
  • Medical expenses and other related costs
  • Funeral expenses
  • Lost possibility of inheritance
  • Lost benefits (for example, pension plans, medical coverage, and so on)
  • General damages
  • Pain and suffering
  • Mental anguish
  • Loss of protection, nurturing, care, support, and companionship of the surviving family members

The amount and types of damages you may recover may differ, depending on the state laws and the circumstances that surround the victim's death. It may also depend on various factors that need to be taken into consideration, such as the decedent's character, health, and earning history.

Getting Help

For further information on how to file wrongful death claims for fatal construction accidents, it is advisable to get help from a skilled personal injury lawyer in your state.



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