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Two Lawsuits after a Construction Accident

Construction accident death

A majority of workplace deaths in the United States occur in the construction industry. The Occupational Safety and Health Administration (OSHA) categorizes falls, electrocutions, struck by object and caught in/between as the top four causes of death in the construction industry. If you have lost a loved one in a construction accident, it is important that you file a lawsuit. It is true that no lawsuit can bring the loved one back. However, it may be worthwhile to look into a legal remedy if your loved one’s death was due to negligence in the construction industry. You may therefore file two lawsuits – a wrongful death action and a survivor action.

Filing a wrongful death 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.
  • Therefore, the defendant should compensate the close family members for their losses.

    It is important to note that when a wrongful death action is filed by the family members, they do not sue for harm caused to the deceased person. Rather, they sue for harm that was actually caused to them as a result of the loss of a loved one.

    Apart from a wrongful death action, the family members of the deceased can also file a survivor action.

    Filing a survivor action

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

  • Your loved one’s death was 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.
  • When a person is harmed, that person has a right to a lawsuit, and that right should not end with his or her death. Therefore, the family members can recover damages for the pain and suffering of a worker prior to his or her death.

    Contact construction accident lawyers at Rockland Injury Lawyers.

    At Rockland Injury Lawyers, our lawyers are experts and have the experience to handle construction accident cases. If you have been injured in a construction site accident and are looking for strong legal counsel, contact us immediately. Call us at 845-709-8005 and 800-940-1799 or email us at jeff@rocklandinjurylaw.com/ reuven@rocklandinjurylaw.com.

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    Disclaimer : This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.