Construction workers work tough jobs to build attractions from the bottom up. These workers can face life-threatening injuries while working on building sites. The aftermath of a fatal construction accident is a difficult time for the loved ones of deceased workers. A family could seek justice for their loved one by working with a dedicated San Antonio fatal construction accident lawyer to file a wrongful death lawsuit.
Our construction accident attorneys are experts in negotiating settlements and winning cases. This can make a huge difference in the monetary compensation paid to the family by those negligent, such as reckless construction companies, sub-contractors, or distracted employees. Negligence is when a person or company has a duty to operate in a certain way but fails to do so. This can come in the form of a construction company not following workplace guidelines set by the Occupational Safety and Health Administration (OSHA). A skilled attorney can help a family determine negligence in fatal construction accident cases.
Sometimes, families can have a difficult time determining whether a workplace accident is classified as a fatal construction accident. Some examples of common fatal construction accidents are:
A passionate San Antonio construction death accident lawyer can help a family successfully establish that the fatal accident was a result of a wrongful, negligent, or careless act per Texas Civil Practice & Remedies Code § 71.992. The state follows the modified comparative negligence rule for liability. This means family members are able to recover from a negligent construction company when they can prove the company was at least 51 percent at fault for the fatal accident.
Family members who were dependent on the income of a worker can file a claim to cover funeral expenses and anticipated future income. Typically, an insurance provider pays a family benefits equal to 75 percent of the employee’s average weekly wage per Texas Labor Code § 408.181. When there is a surviving spouse and children of legal age, the spouse will receive 50 percent of the benefits, and the children will each receive a divided share of the remaining 50 percent. A fatal construction accident attorney in San Antonio can answer questions about survivorship benefits and claims.
In deadly construction incident cases, families can receive increased damage award amounts when they work with a San Antonio lawyer. A family can receive damages in the form of compensation. Compensatory damages provide for both economic and non-economic harm. Examples of economic damages are funeral expenses and compensation for future income. Non-economic damages are compensation for emotional anguish and for the loss of the worker as a companion.
A court can also order the negligent person or company to pay damages in the form of a punishment. Examples of punitive damages are suspending a construction company’s building license or forcing a company to establish a settlement fund for future victims.
A competent San Antonio fatal construction accidents lawyer can help families understand the legal standards and burdens of proof in fatal construction accident cases. Contact us today to learn more about your legal options after losing a loved one in a work incident.