Fatal Construction Accidents

The construction site is a dangerous place where fatal accidents can and do happen. In fact, the federal Bureau of Labor Statistics reports that the construction industry is one of the most dangerous industries in the United States considering the number of individuals who are killed in connection with construction accidents. Like in any wrongful death case, a decedent killed in connection with a construction accident may have accumulated a significant amount of medical bills and experienced pain and suffering before he or she passed away. However, it is the decedent’s surviving family members that often experience the true financial and emotional costs of such accidents. A construction fatality lawsuit may not be able to undo the emotional and mental suffering of the surviving family members, but it can assist in helping you and other family members address the costs incurred in tying up the decedent’s affairs.

Causes of Construction Accident Fatalities

There are a variety of ways in which a worker or someone who is passing by a construction zone can suffer a fatal injury. These ways include:

• Being struck by a falling tool or object that is dropped from a height;
• Being struck by heavy machinery like trucks, cranes, bulldozers, and other equipment;
• Blood loss due to serious amputation injuries that are not promptly treated; and/or
• Internal trauma from crushing injuries caused by machinery or heavy loads;
• Falls from heights resulting in spinal cord or head injuries; and/or
• Piercing injuries that cause fatal trauma to essential organs.

In almost every case, construction accident fatalities are not “accidents” but rather are the result of careless and negligent actions committed by one or more individuals. It can be quite unnerving for surviving family members to learn that had the at-fault party exercised additional care or concern, the decedent may not have died.

Elements of a Construction Accident Fatality Case

When surviving family members decide to file a wrongful death lawsuit against one or more allegedly at-fault parties in a construction fatality accident, those surviving family members will need to establish certain “elements” – factual propositions – before the court will determine they are entitled to relief. These elements are:

• The surviving family members are permitted by law to file a wrongful death lawsuit. Many states’ laws restrict the persons who can file a wrongful death lawsuit on behalf of a decedent. Usually, only close family members (a spouse, a parent, an adult child, etc.) are able to bring a wrongful death lawsuit. Surviving family members may also need to show their suit is not preempted by workers’ compensation laws.
• The at-fault party owed a duty of care to the decedent. The legal “duty of care” requires individuals to act in a reasonably careful manner when they are on the construction site.
• The at-fault party breached the duty of care he or she owed to the decedent by engaging in reckless behavior or negligent conduct. This element is made if the at-fault party behaved in a way that a hypothetical, reasonable person would not have engaged in if this hypothetical person found him- or herself in the same situation as the at-fault party. Examples of negligent conduct can include failing to secure tools from falling, leaving power tools plugged in and lying around when not in use, and not looking around before moving heavy machinery or equipment.
• The at-fault party’s negligent behavior led to the death of the decedent. The at-fault party’s carelessness need not be the only cause of the fatal accident. However, if the decedent would have been killed regardless of what the at-fault party did or failed to do, the surviving family members’ claim for compensation will be defeated.
• The surviving family members and/or the decedent suffered expenses and compensable losses. This requires them to prove the nature of the medical bills, funeral expenses, and other losses they experienced. They may also be able to obtain compensation for mental pain and suffering they experienced if they are able to quantify the monetary value of their suffering. This element requires proof not only of the surviving family members’ losses but the expenses and losses incurred by the decedent before his or her death.

Contact Stern Law, PLLC After a Construction Accident Fatality

Although the tragedy of a construction accident fatality cannot be undone by the outcome of a lawsuit, a successful construction accident fatality lawsuit can help alleviate some of the worries and concerns that surviving family members may have about the future. Construction accident attorney Ken Stern is compassionate and dedicated to assisting hurting and confused victims: He will help guide you and your family through the recovery process while being a powerful and dedicated advocate for your family and your deceased loved one. Contact Stern Law, PLLC as soon as possible following a fatal construction site accident so that witnesses can be identified and important evidence located and preserved. Stern Law, PLLC can be reached at (844) 808-7529.