7 Tips to Avoid Losing a Construction Site Wrongful Death Claim

Construction sites are inherently hazardous locations, and sadly, fatalities can happen for several reasons. The construction industry accounts for 20% of worker fatalities in the private sector in the US, according to the Occupational Safety and Health Administration (OSHA).

Losing a loved one in a construction site accident can be emotionally and financially devastating. In these situations, the surviving family members may obtain due compensation by bringing a wrongful death claim against the responsible parties. Winning a wrongful death claim can be difficult, and many things must be considered. Here are seven suggestions to help you win a construction site wrongful death claim.

Understand the Legal Requirements

Specific legal requirements must be satisfied to bring a wrongful death claim in the US. For instance, only specific members of the deceased person's family, such as the spouse, children, and parents, can bring a wrongful death lawsuit. Knowing the state's legal prerequisites and eligibility standards is crucial before submitting a claim. Under the Pennsylvania Wrongful Death Act, the victim’s spouse, minor children, and dependent adult children are entitled to compensation from the parties responsible for the accident. Get help from wrongful death attorneys to understand these requirements and increase your chances of success.

Preserve Evidence

Preserving evidence is crucial in any wrongful death case, including construction site accidents. The evidence can include photographs of the accident scene, eyewitness accounts, and medical records. It is essential to collect as much evidence as possible as quickly as possible to ensure that it is not lost or destroyed. This proof can assist establish liability and heighten your case.

Identify Liable Parties

The general contractor, subcontractors, architects, and engineers can all be held accountable in addition to the construction company. Identifying who was in charge of ensuring a safe workplace and who didn't carry that out. An accomplished wrongful death lawyer can assist you in locating the negligent parties and holding them accountable.

Prove Negligence

You must establish negligence by the defendant(s) to succeed in a death lawsuit involving a construction site. Failure to follow safety procedures, to train employees properly, or to provide adequate safety equipment are all examples of negligence. An in-depth investigation and the expertise of a competent attorney are required to prove negligence.

Act Quickly

Most states have a statute of limitations for filing a wrongful death claim. This means that you must file your claim within a specific amount of time after the incident to avoid losing your eligibility for compensation. You must move quickly to avoid missing this deadline and preserve the evidence while it is still valid.

Avoid Discussing the Case with Insurance Companies

The insurance industry is not on your side. They want to give you the least amount of compensation possible. Do not discuss the case with an insurance company if one contacts you following the incident without first speaking with a lawyer. You might be under pressure from insurance adjusters to accept a low settlement offer, typically much less than you are entitled to. A wrongful death attorney can represent you in negotiations with the insurance provider and assist you in obtaining the settlement you deserve.

Hire an Experienced Wrongful Death Attorney

The complexity of wrongful death cases makes working with an experienced attorney highly advantageous. You can navigate the legal system, learn your legal options, and fight for your rights with the assistance of an experienced lawyer. They can also assist you in avoiding pitfalls and errors that frequently damage cases.

Conclusion:

Even though losing a loved one on a construction site can be a traumatic experience, seeking justice and financial relief can help reduce the burden and bring about closure. It's crucial to seek legal counsel as soon as possible if a loved one has died on a construction site. You can better understand your legal options and guarantee your rights are upheld by contacting an experienced wrongful death attorney. Get legal help and fight for the justice you deserve.