Representing victims of serious harm and death

What can I do if my loved one died in a construction accident?

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The construction accident lawyers at Whiting Law Group, Ltd. understand that the loss of a loved one in a construction accident can be devastating, and we want to represent your best interests as you move forward with a survivor action and/or wrongful death action.

 

When a construction worker dies in a construction accident, there are two potential personal injury claims:

  • Wrongful death action.
  • Survivor action.

Survivor Actions

In most construction accident cases where a construction worker has died, the family of the deceased worker will likely file a wrongful death action and a survivor action. The point of a survivor action is that the deceased person’s right to sue for their injuries should not die along with that individual. Essentially, in a survivor action, when a person is injured or harmed, that person has a right to sue for those injuries. When a survivor claim is filed, the family will likely make the following arguments:

  • The defendant’s negligence caused the worker’s death;
  • The negligence caused the worker pain and suffering before the worker died;
  • The worker would have been able to sue the defendant had the worker survived;
  • The defendant should not be able to escape liability for pain and suffering simply because the worker died; and the
  • Defendant should have to pay the damages for pain and suffering to the deceased worker’s estate.

Wrongful Death Actions

In a wrongful death action, the family of the deceased worker will likely argue the following:

  • The worker died because of the defendant’s negligence;
  • The worker had very close family members;
  • The family members suffered losses (detailed below) as a result of the death; and
  • Therefore, the defendant responsible for the death should compensate the close family members for their losses.

The wrongful death action is a statutorily created action. The law controls what family members can recover.

Whiting Law Group takes a personal interest in every case that comes into our office. If you are looking for an attorney that will give you undivided individual attention, commitment to excellence, and use every possible resource available to help you win your case, then Mr.Whiting and his team of accident and injury trial lawyers personally invite you to contact them for a free consultation toll free at 1-877-936-7200 or by email at twhiting@wlglaw.net. There is no fee unless we win your case.

Sources:

[1]http://www.alllaw.com/resources/personal-injury/construction-accidents

[2]http://www.nolo.com/legal-encyclopedia/workers-compensation

[3]http://www.alllaw.com/articles/nolo/personal-injury/survival-actions-vs-wrongful-death-claims.html

[4]http://www.alllaw.com/articles/nolo/personal-injury/filing-wrongful-death-lawsuit-construction-accident.html