According to the Occupational Safety and Health Administration (OSHA), 18.5 percent of all deaths that occur in workplaces within the United States happen in the construction industry. The top four causes of these deaths include falls, electrocutions, struck by objects, and caught in between. In many construction accidents and fatalities, it is worth considering a wrongful death lawsuit.
Wrongful Death Lawsuits
When a family member dies due to the reckless, negligent, or deliberate behavior of another person, you may be entitled to file a wrongful death lawsuit against the party. A wrongful death lawsuit enables the collection of monetary damages for a loved one’s untimely death. It is a civil court action that determines the amount of compensatory money or damages that the surviving family members should receive.
Who Can File a Wrongful Death Lawsuit?
Immediate family members, including spouses, kids, adopted children, and parents
Distant family members, such as siblings and grandparents
Domestic or life partners
Financial dependents or those who suffer financially as the result of the death
Workers’ Compensation Laws and Wrongful Death Lawsuits
You should be aware that Workers’ Compensation laws prevent injured employees from suing their companies in standard courts. Many states enable workers to be compensated for their injuries out of an insurance fund that most businesses and organizations are obligated to pay into.
When dealing with Workers’ Compensation laws during a wrongful death lawsuit, the laws vary by state. In states where Workers’ Compensation rules do not apply, resulting lawsuits are not affected. In these states, the family of the deceased can file lawsuits in a state court and seek compensation for their loved one’s wrongful death. In states where Workers’ Compensation laws do apply, recoveries may be limited, although it is rare that they are ever completely banned.
Grounds for Filing a Wrongful Death Lawsuit
When filing a wrongful death lawsuit, you must establish two things to be successful. First, you must establish that your loved one’s death was caused by their employer’s negligence. Second, you must prove that surviving family members suffered measurable damages due to your loved one’s wrongful death.
Delaware County Construction Accident Lawyers at McCann & Wall, LLC Are on Your Side in Wrongful Death LawsuitsIf someone you loved died in a construction accident, you may have grounds to file a wrongful death lawsuit. Contact a Delaware County construction accident lawyer at McCann & Wall, LLC by calling 215-569-8488 or contacting us online.