Construction work can be immensely dangerous even if everyone on a site acts reasonably and responsibly at all times. When accidents do occur, the resulting injuries are often severe. No outcome from this sort of incident is worse, though, than a construction worker passing away prematurely, especially if the accident could have avoided were it not for one other person’s reckless or careless behavior.
No matter how fatal construction accidents in Leander happen, they make for uniquely complex civil litigation in both legal and emotional terms. If you want to make the most effective use of your rights following a family member’s untimely death on a construction site, you should strongly consider retaining a knowledgeable construction accident attorney to guide you through the litigation process.
Most of the same situations that could justify a construction injury lawsuit can also serve as the basis for a claim pursued by the family of someone killed in a fatal construction accident. This is because “wrongful death” claims are based on the fact that the deceased person would have been able to file a civil claim had they survived their injuries.
Regardless of the specific circumstances that caused a fatal construction incident, proving that the accident would not have happened without someone else acting carelessly or recklessly is generally enough to justify a wrongful death claim.
It is crucial to understand that if the fatal construction accident also resulted in criminal proceedings against the prospective defendant for manslaughter, murder, or any other offense, that criminal case would proceed entirely separately from the civil case pursued by the decedent’s family. Furthermore, the outcome of the criminal case would have no direct bearing on the outcome of a civil claim, and vice versa.
If a family needs help determining that they are entitled to file a civil claim based on a fatal construction accident, a Leander lawyer can assess the situation and offer legal guidance.
In the first three months after someone loses their life in a fatal construction accident, the exclusive right to file suit in their name falls to their surviving spouse, child(ren), and/or parent(s). After those three months pass, the only person who can file a claim is the executor or administrator for the decedent’s estate, unless all other surviving family members specifically request that no such claim be filed.
Recoverable damages after a fatal construction injury in Leander include repayment for:
However, if no one files suit within two years of the decedent’s death date, state law will likely prohibit any such claim from ever moving forwards thanks to the statute of limitations placed on civil litigation. Our proactive legal team can help with avoiding issues with this time limit and keeping a fatal construction accident claim on track.
No amount of money can ever completely make up for losing a loved one before their time, and especially not if their death happened due to someone else’s negligence. That said, demanding fair financial recovery for the impact of your loss can go a long way towards stabilizing your family’s finances and preserving your quality of life as much as possible after this tragedy.
Guidance from compassionate legal counsel can be all but essential to achieving the best possible case results following fatal construction accidents in Leander. Call today to schedule your confidential consultation.