The attorneys of Golitko & Daly are proud to help people throughout the greater Indianapolis area who have been the victims of serious construction accidents. In some cases, these kinds of accidents prove fatal, which is why it’s imperative to have an attorney on your side. Let’s consider wrongful death lawsuits in more detail right now.
What is a wrongful death lawsuit?
A wrongful death lawsuit is filed when a loved one is killed as a result of negligence by another person or party. This is filed by the spouse and/or family of the deceased.
Fatal Accidents Are a Possibility at Construction Sites
At construction sites and other kinds of industrial workplaces, fatal injuries are always a potential hazard. This is especially true if workers are using heavy machinery, large cranes, work on tall structures, or are near hazardous materials as part of their job duties. Safety must always be a major concern at these kinds of sites, and a failure to ensure the safety of workers needs to be taken very seriously.
Proving Fault in Wrongful Death Cases
It’s important to prove fault in a wrongful death lawsuit, which means establishing the person or party who is accountable for the death of a worker. In examining the exact circumstances of a case, skilled attorneys will be able to make this assessment. Evidence must be carefully considered in order to establish a clear cause-and-effect relationship between a person/party’s negligence and the accident and fatal injury that occurred.
Damages in Wrongful Death Lawsuits
Damages sought in wrongful death lawsuits are intended to cover material losses, emotional distress, and punish the negligent party for the nature of the accident.
Compensatory damages are damages that can be easily tabulated by adding funerary costs, lost wages, and making an assessment with regard to emotional pain and suffering. Punitive damages, which punish negligent parties, are typically determined by noting the nature of the accident and considering similar cases in the past.
Collecting Death Benefits from Workers’ Compensation
In addition to seeking damages against the negligent party, the family members of the deceased are often entitled to receive death benefits from the lost loved one’s workers’ compensation plan. There are some cases in which a family is wrongfully denied these death benefits even though they have a legitimate claim.
Lawyers who specialize in construction and workplace-related accidents can be very helpful when it comes to considering these sorts of issues concerning denial of legitimate claims.
Why Speaking with Attorneys Is Crucial
The legal system can be extremely difficult to understand, and it’s near impossible to go it alone without sufficient legal training. The attorneys of Golitko & Daly will work closely with you, providing counsel and guidance through all phases of the legal process. Our assistance will also provide clients with peace of mind so they can focus on the emotional fallout of their loss and grieve with dignity.
Consult with the Attorneys of Golitko & Daly
If you have lost a loved one as a result of a serious industrial workplace injury, it’s important that you contact our team of construction accident attorneys today. The legal team at Golitko & Daly will provide strong guidance and counsel during this difficult time.