Losing a loved one is devastating but losing them to someone else’s negligence takes the devastation to a completely new level. Even with the safety laws and regulations that are put in place to protect construction workers, fatalities on construction sites happen more frequently than many people may realize. Unfortunately, when construction fatalities do occur, the survivors are often left with financial issues on top of their grief. While a wrongful death lawsuit will not bring your loved one back, it may provide the family with a sense of justice for the death of their one and it may help with financial matters that often happen following a loss. Wrongful death lawsuits may allow family members of the deceased to be compensated for funeral costs, medical bills, and pain and suffering that were the result of the accident. Here is some brief information about construction fatalities and filing a wrongful death claim.
Elements of a Wrongful Death Claim
The laws regarding a wrongful claim may vary from state to state; however, there are basic common elements that constitute a wrongful death claim. The death of the person, which means it must be established that the person has died. If the person that was involved in the accident is seriously injured but still alive, then family members may not file a wrongful death claim. The family filing the claim must prove that the death of their loved one was the result of negligence on behalf of the defendant. For instance, the person’s death resulted from unsafe construction site equipment. The family member filing the claim may have to prove, they were dependent on their deceased loved one financially.
Damages Awarded
If the defendant is found guilty of negligence that resulted in the death of your loved one, it will be up to the court to determine how much will be awarded for damages. There are a number of different factors that will be considered when determining the compensation, including funeral and burial expenses for your loved one, the salary of the deceased, the future salary of the deceased should they still be alive, medical expenses prior to their death and non-monetary contributions to their family, such as caring for children. In some situations, intangible losses may also be awarded which may include emotional losses, loss of a relationship, and loss of guidance.
Statute of Limitations
Although it may vary from one state to the next, each state has a specific window of time during that the family of the deceased may file a false death claim, which is known as the statute of limitations. In the majority of states, the statute of limitations is typically two years (or less). If the surviving family members fail to file a claim before the statute of limitations expires, their right to file the claim for damages will expire. For this reason, as difficult as it is to consider legal issues while grieving, in order to prepare for the case and avoid the risk of the statute of limitations expiring, it is important that you consult with wrongful death lawyers in Mobile, AL as soon as possible following the death of your loved one. There is no amount of money that will compensate for your loss of a loved one; however, the compensation for damages that may be awarded to the family can help to reduce the weight of your financial responsibilities that are associated with their death.
When you decide to file a wrongful death claim for the loss of your loved one, it is extremely important that you find a good attorney, someone that is experienced in fatal accidents on a construction site. Your wrongful death attorney will assist you with filing the claim, explain in detail the statute of limitations and what is needed in order to prove that the death of your loved one resulted from negligence. Your attorney will also assist you in preparing for court as well as be by your side throughout the court process.
