Is a wrongful death claim an option in a construction accident case?
Yes, a wrongful death claim is an option in a construction accident case in California. A wrongful death claim is a type of civil lawsuit where the victim’s family can file a claim against the responsible party for causing their loved one’s death due to negligence or wrongful conduct. Under California law, certain family members (spouses, children, and other financial dependents) may file a wrongful death claim if they can prove the death was caused by someone else’s negligence. This could include a construction accident case where the victim is fatally injured due to the negligence of another party. In order to successfully file a wrongful death claim in California, family members must be able to prove that the defendant’s negligence directly caused the death of their loved one. This means family members must show that the defendant had a duty to act reasonably and carefully, and that they failed to do so. In addition, family members must also be able to prove that they sustained damages, such as funeral expenses, loss of companionship, or economic losses due to the death of their loved one. This proof must be presented to the court in order for the family to receive a monetary award in the case. Overall, a wrongful death claim is an option for family members of the victim of a construction accident in California. In order to be successful in filing a claim, however, family members must be able to prove that the defendant’s negligence caused the death of their loved one and that they suffered damages due to the death.
Related FAQs
What should I do if I’m delayed in receiving medical care after a construction accident?How long do I have to file an appeal in a construction accident case?
What should I do if my employer is uncooperative during a construction accident case?
What if my employer does not have workers' compensation coverage in a construction accident case?
Are workers’ compensation benefits taxable in a construction accident case?
Are all employers required to have workers’ compensation insurance for construction accidents?
How much compensation can I expect to recover in a construction accident case?
Are construction accidents considered wrongful deaths?
What types of damages can I include in a construction accident case?
What if the other party denies their liability in a construction accident case?
Related Blog Posts
Understanding Construction Accident Law: What You Need to Know - July 31, 2023Statute of Limitations for Construction Accident Lawsuits - August 7, 2023
Top 10 Common Construction Accident Lawsuits - August 14, 2023
What to Do After a Construction Accident: A Step-by-Step Guide - August 21, 2023
How to File a Construction Accident Claim - August 28, 2023