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St. Petersburg Wrongful Death After a Construction Accident

Construction sites are dangerous places with unstable ground, structures that are incomplete and unsteady and tools, materials and debris falling or scattering on the ground. According to the Occupational Safety and Health Administration[1] (OSHA), 18.5% of all workplace deaths in the United States occur in the construction industry which is more than in any other industry. OSHA categorizes the top four causes of death in the construction industry as “the fatal four” because together they account for 57% of all construction industry wrongful deaths. The fatal four categories are:

  • Falls: Construction workers are often required to work at great heights on ladders, scaffolding, operating a crane or standing on a roof.  Anytime a worker is at an elevated height, there is an increased risk of falling.
  • Electrocutions: Construction sites often involve ungrounded wires or unfinished electrical systems all of which cause a large number of fatal
  • Struck by Object: Workers in an around construction sites may be struck by flying objects, falling objects, swinging objects or even by equipment at ground level.
  • Caught in or Between: When a construction worker becomes trapped between two pieces of materials, large equipment, in a trench or hole that collapses

Other causes of fatal construction accidents include:

  • High voltage lines
  • Large construction equipment
  • Trenching collapse
  • Explosions
  • Struck by accidents
  • Stairway collapse
  • Chemical accidents.

Wrongful Death Actions in St. Petersburg

In most situations, immediately after the death of a loved one, a lawsuit is the furthest thing from the minds of close family members. No lawsuit can rectify the error or bring the loved one back. But it may be worth it to speak to a skilled St. Petersburg wrongful death attorney to determine if the death was linked to negligence in the construction industry.  It is very important that your lawyer is able to investigate the facts of the accident as soon as possible. As time goes by, more and more evidence is lost or covered up and witnesses become increasingly unavailable or unreliable. Although this is a particularly hard time, calling a lawyer now can be very helpful for your family later as your family may be able to receive substantial compensation.

By filing a wrongful death claim[2], the family of the deceased construction worker basically makes the following argument:

  • The worker died because of the defendant’s negligence.
  • The worker had close family members.
  • The family members suffered losses as a result of the death.
  • The defendant responsible for the death should compensate the close family members for their losses.

In a wrongful death action, the family does not sue for harm caused to the deceased person. Rather, the family members sue for harm that was actually caused to them as a result of the loss of a loved one. These damages can include:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support.

Survivor Actions in St. Petersburg

A second type of legal claim available after a death in a construction accident is known as a survivor actions. By filing a survivor claim, the family of the deceased worker makes the following argument:

  • The worker died because of the defendant’s negligence.
    • The negligence caused pain and suffering to the worker before the construction worker died.
    • If the construction worked had survived, he would have been able to sue the defendant and recover compensation for pain and suffering.
    • The defendant should not be able to escape liability for pain and suffering simply because the worker died.
    • The defendant responsible for the death should have to pay the damages for pain and suffering to the deceased worker’s estate.

Contact a St. Petersburg Wrongful Death Attorney

For families of a deceased construction worker the meager benefits awarded under worker’s compensation offers little sense of justice and security. It is important for families of fatal construction accident victims to know that they may be entitled to compensation in a wrongful death claim. If a loved one was killed in a construction accident, an experienced St. Petersburg wrongful death attorney can review the situation and determine if you can file a survivor claim or a wrongful death lawsuit.  The attorneys at the Sibley Dolman Gipe Accident Injury Lawyers, PA are skilled wrongful death attorneys who are ready to review and evaluate your case today.  Contact Sibley Dolman Gipe Accident Injury Lawyers, PA today at 727-222-6922 to schedule your free legal case evaluation and consultation.

Sibley Dolman Gipe Accident Injury Lawyers, PA
1663 1st Ave S.
St. Petersburg, FL 33712
(727) 222-6922

https://www.dolmanlaw.com/st-petersburg-wrongful-death-attorney/

References:

[1] https://www.osha.gov
[2] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html