Should relatives file a wrongful death or survival action after a construction accident?

construction accident attorneyFamily members are often at a loss after a fatal construction injury. Everything they have come to rely on—from love and support to financial assistance—has suddenly been taken away. While no amount of money could possibly replace a lost relative, survivors have the right to seek compensation from the person or company responsible for the death.

Wrongful Death and Survival Actions After NY Construction Accident

There could be many parties whose negligence resulted in your construction accident, including contractors, employers, site owners, or the makers of a defective product. Under state laws, anyone injured by negligence has the right to file a personal injury lawsuit to recover damages. If someone dies as the result of negligence, their right to file a personal injury lawsuit passes to their estate.

There are a few different kinds of legal claims families can make after an accidental death, such as:

  • Survival actions. A survival action provides payment for the pain and suffering of the deceased person rather than the losses of the family. A survival action may be needed if your loved one succumbed to an injury several hours or days after the incident, or if the incident was particularly traumatizing and painful before death.
  • Wrongful death lawsuits. Wrongful death cases address the grief and financial losses the family has endured, such as the current and future income their loved one was expected to provide, funeral expenses, outstanding medical bills, and the security the family has lost due to untimely death.

Depending on the circumstances of your loss, you may be able to file both kinds of claims to ensure your economic losses are reimbursed. If you and your family are owed payment and justice for the death of a construction worker, it is vital that you do not try to recover these damages on your own.

Contact Our Construction Accident Attorneys Today

Our New York & New Jersey construction injury lawyers can calculate the full compensation you are owed, and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a lawyer at Hofmann & Schweitzer today, or read through our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.

 

Timothy F. Schweitzer
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Personal injury lawyer specializing in maritime, construction and railroad injury claims.