Working in the construction industry presents significant risks to its workers. The Occupational Safety and Health Administration (OSHA) reports that over 18 percent of all workplace deaths in this country happen to construction employees.

In situations involving fatal construction accidents that were caused by another’s negligence, a wrongful death lawsuit may be appropriate.

What is a Wrongful Death Claim?

In most cases, wrongful death suits are initiated on the behalf of any surviving family members, or any other parties affected emotionally and/or financially by the loss. The cases are brought against defendants that have contributed to or caused a person’s death though intentional harm or negligence.

These lawsuits can be undertaken by surviving spouses, parents of minor children, and minors that lose their parents.

If the surviving person is an adult child, sibling, other close relative, or life partner, suing for a wrongful death can become more complicated. Laws vary by state, but it must be shown that the survivor was at least in part financially dependent on the victim.

Types of Wrongful Death Cases

There are many kinds of personal injury cases that can become wrongful death claims. If the victim is killed on purpose, as in a murder, this would be an intentional act. Other examples include car accident deaths caused by negligent drivers, and medical malpractice suits.

OSHA points out that construction site fatalities commonly fall into certain categories. Electrocutions caused by power surges can occur if the work is not properly grounded and managed. Collapsed buildings can be deadly to workers; they can be crushed or fatally injured by falling or flying debris. Falls from rooftops, ladders, scaffolding, and high elevations also contribute to wrongful deaths.

Work-related construction accidents and injuries that lead to death may be required to go through the company’s Workers’ Compensation insurance; this may impact the amount of damages received. These regulations vary by state.

Proving Negligence

To prove liability in a construction accident wrongful death lawsuit, the plaintiff has to show that the defendant was responsible for the victim’s safety, but was negligent in this respect. The defendant also must show that this negligence directly caused the victim’s death, which caused the damages they need to recoup.

Damages for the Survivors

There are two main areas for damages:

• Monetary: Money to pay for medical costs that were incurred due to the injury before death, funeral costs, and burial costs are probably the most immediate concern. Losing the victim’s future income and any inheritance can also be devastating, and potentially compensable as such.
• Non-economic pain/suffering: Pain and suffering endured by the deceased and their survivors can qualify for a survival claim. This would be based on a loss of love and guidance, companionship and nurturing that the victim would have provided in the future. It could also include mental anguish, emotional stress, a diminished quality of life, and physical pain.

Milford Wrongful Death Lawyers at Rhoades & Morrow Help with Wrongful Death Lawsuits After Construction Accidents

Losing a loved one is traumatic, and is only made worse if it is due to another’s negligence. You need not suffer alone; call a Milford wrongful death lawyer at Rhoades & Morrow. We provide compassionate, experienced counsel in personal injury, Workers’ Compensation, and wrongful death cases. Contact us today by filling out an online form or call our offices in Milford at 302-422-6702, Bear at 302-834-8484, or Wilmington at 302-427-9500. We serve clients throughout the state of Delaware, including Elsmere and Seaford.