Construction Workers: Wrongful Death Cases

As America’s economy continues to recover from the pandemic, there is a growing demand for more businesses, more housing, and more labor to build these structures. With numerous possibilities that one could become injured, accidents and injuries ranging from minor to catastrophic are still a regularity in the construction industry. This is critically important to keep in mind as construction projects ramp up in the wake of the pandemic.

One accident recently left a worker dead in Boston. It occurred at a parking garage demolition for a high-rise project. The victim was working when the floor collapsed beneath his feet, causing him to fall nine stories to his death. Another person was injured in the incident. This is just a single story of how construction industry conditions can turn deadly in an instant.

Who Is Entitled to Make a Construction Wrongful Death Claim?
Personal injury cases tend to deal with moderate to severe injuries, and unfortunately, there are also personal injury lawsuits that deal with wrongful deaths. When a victim is no longer alive, the immediate family may be able to initiate a lawsuit by discussing their situation with a good personal injury lawyer in Las Vegas, NV, including those who practice at the Eric Roy Law Firm. Immediate family members, including a spouse, parent, or the child of the deceased, and in some instances other relatives who for example, live with and/or were cared for by the deceased, are generally entitled to file a wrongful death claim. A representative of the deceased’s estate can also serve as the filer of a wrongful death lawsuit. 

Possible Parties Responsible in a Construction Wrongful Death:
Accurately identifying the party responsible for the wrongful death is essential to a successful wrongful death case. Identifying the negligent party or parties at-fault can be difficult. As a result, it is critically important to work with an attorney who will not just assume that the largest and most financially advantaged entity involved in a victim’s death is automatically to blame. Correctly identifying which entities may be held liable for the harm caused may be the difference between justice and years of wasted time and money on a case that was doomed to fail from the start. 

Parties that are often found liable in construction wrongful death cases include, but are not limited to, general contractors, real estate developers, equipment manufacturers, jobsite supervisors, and materials manufacturers.

Proving Negligence, Recklessness, or Intentional Harm

In order to win your case and obtain justice and compensation you’ll have to provide proof of four things in your lawsuit (albeit your particular case may have additional requirements, etc.):
1. That the defendant owed a duty of care
2. That the defendant breached this duty
3. That the defendant’s actions or inaction caused the wrongful death
4. The damage itself, both physically and financially
Providing solid evidence of all four elements will help to make for a strong claim to win your construction wrongful death case.