If you have lost a loved one in a construction accident, filing a lawsuit may be the farthest thing from your mind. It is true that no lawsuit can bring your loved one back or rectify what happened. However, it may be wise to look into a legal remedy if the death was caused by somebody else’s negligence. When a construction worker dies as the result of a job-related injury, the family members may bring two potential lawsuits:
- A wrongful death action lawsuit
- A survivor action lawsuit
Here is a description of both lawsuits:
Wrongful death action: In a wrongful death action lawsuit, the deceased worker’s family may argue that:
- The worker died due to somebody else’s negligence
- The worker left behind close family members
- The family members suffered losses including loss of financial support, loss of love and emotional support, and loss of quality of life
Therefore, in a wrongful death action lawsuit, the family does not sue for harm caused to the deceased person. Rather, they sue for harm that was caused to them as a result of the loss of their loved one.
Survivor action: In a survivor action lawsuit, the family of the deceased worker basically makes the following argument:
- The worker died because of somebody else’s negligence.
- The negligence caused pain and suffering to the worker before he or she died.
- Had the worker survived the accident, he or she would have received compensation for the pain and suffering.
- The defendant should not escape liability for pain and suffering simply because the worker died.
When a person is harmed, they have a right to file a lawsuit. This right does not die with the person’s death. It passes on to their family members. They can recover damages for the pain and suffering of their loved one.
Contact construction accident lawyers at The Reinken Law Firm
If you have lost a loved one in a construction accident, contact the construction accident lawyers at The Reinken Law Firm. We will do everything possible to maximize the amount of benefits you receive.Call 203-541-0090.