What arguments can I make when filing a wrongful death action and a survivor action after a construction accident death?

What arguments can I make when filing a wrongful death action and a survivor action after a construction accident death?

After a construction accident death, family members may file two types of lawsuits – a wrongful death action and a survivor action.

When you file a wrongful death action, you may need to make an argument that:

  • Your loved one (the deceased worker) died because of the defendant’s negligence.
  • Your loved one had very close family members.
  • The family suffered losses such as loss of quality of life, loss of love and emotional support and loss of financial support as a result of the death.

    In a survivor action, you may need to make an argument that:

  • Your loved one’s death was caused due to the negligence of the defendant.
  • Your loved one suffered pain and suffering before he or she died.
  • Had he or she survived the accident, he or she would have been able to sue the defendant and recover compensation for the pain and suffering.
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