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Can I Recover Compensation for Wrongful Death at a Construction Site?

  • Construction sites are dangerous and may be rife with hazards that can cause severe injuries or even lead to death. The pain of losing a loved one can be unbearable, and it can be difficult to cope with the aftermath of such a loss. No monetary compensation or other benefits can make up for the pain and grief the family suffers. However, when a family loses a breadwinner, it can be difficult for them to survive. This financial burden can make it hard for a family to pay for the most basic necessities, like food and shelter.

    The families of those killed in accidents at a construction site can seek compensation by filing a wrongful death claim. If you have lost a loved one in a construction site accident, you can file a wrongful death lawsuit to hold the negligent party responsible. However, the procedure for securing wrongful death compensation is often complicated. You can consult an experienced wrongful death lawyer in Philadelphia trusts to learn about the options available to you. These types of lawyers are well-equipped to manage your case and can help you seek appropriate compensation.

    Common Safety Hazards on Construction Sites

    1. Fall Injuries: The workers at construction sites often perform duties at great heights, making them vulnerable to falls in which they can sustain severe injuries. Operating a large crane or standing on a structure’s roof can pose a risky situation for construction workers, especially when weather conditions are poor. The owners and the management have a responsibility to ensure the safety of the workers and all people visiting the site. If they fail to provide a safe environment, you have a legal right to file a claim against them. Losing a loved one can affect the whole family and the law allows the family members who may feel the most impact to file a lawsuit against the responsible parties.
    2. Caught-in accidents: These kinds of accidents can occur when a person becomes trapped between two objects or pieces of equipment.
    3. Being struck by an object: A person who gets hit by an object in or around a construction site can suffer severe injuries. If the accident led to the death of the individual, that person’s family has a legal right to file a claim against the owners.
    4. Electrocutions: Electrocutions caused by unfinished or faulty electrical systems can lead to severe injuries and fatalities. These are one of the most deadly hazards that exist on construction sites.

    A surviving spouse and the deceased individual’s minor children can seek benefits and file a claim if they lost their loved one in such an accident. Under the relevant laws, they may be eligible to receive lost wages benefits and assistance with funeral costs.

    Who can file a wrongful death claim? 

    It is essential to understand that only certain parties are eligible to make a wrongful death claim. The parties that may file a wrongful death claim following a loved one’s accident are their:

    • Spouse
    • Children
    • Parents

    However, there are some states that are more generous with their wrongful death statutes and allow distant relatives to file a wrongful death claim. However, in Pennsylvania, distant relatives may not file such a claim for a loved one’s wrongful death. Only the immediate relatives are eligible to benefit from a wrongful death claim in Philadelphia. But in certain states, siblings, aunts, uncles, and others are also allowed to file a claim.

    What types of damages are recoverable in a wrongful death claim?

    These are the types of damages that are recoverable in a wrongful death claim:

    • Economic damages: Close family members can recover compensation for economic and monetary damages, such as the financial loss that the family suffered as a result of losing the deceased’s wages and earning capacity.
    • Non-economic damages: The family members of the deceased can also recover compensation for non-economic losses. This may include compensation for the loss of parental guide, loss of consortium, and loss of household services.
    • Other special damages: The family of the deceased may also recover special damages and compensation for medical bills, funeral expenses, and other costs that they incur before the death.

    Family members generally may not recover punitive damages in Pennsylvania. However, they may be awarded in the case of especially egregious incidents.

    What is the statute of limitations for filing wrongful death claims in Philadelphia? 

    Every state follows different laws and has a different statute of limitations for filing wrongful death claims. If you live in Philadelphia, family members must file a lawsuit within two years of the occurrence of the incident. It can be challenging to understand what steps you should take, especially if you have lost a loved one. However, it is important to choose your course of action within the statute of limitations. If you file a lawsuit after the deadline passes, you may lose your opportunity to pursue the wrongful death claim and the surviving family members may not be eligible for the compensation they deserve.

    How can I preserve evidence at the scene of a wrongful death?

    It is critical to preserve evidence to claim compensation following a wrongful death. The construction site where the accident occurred must be appropriately investigated, and family members must preserve all of the evidence that is available to them as soon as possible. This is because construction sites are subject to rapid changes. If you have lost a loved one in a construction site accident, you should consider consulting experienced Philadelphia injury lawyers to understand how you can seek the compensation you deserve. The lawyers can help you identify the evidence that is valuable to retain and can guide you on how to file a wrongful death claim.

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Greg Prosmushkin, P.C.
Greg Prosmushkin, P.C.

At The Law Offices of Greg Prosmushkin, P.C., you can consult an experienced legal team for personal injury, auto accident, criminal cases, and many other complex claims.


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