Guide: How To Proceed After A Wrongful Death In A Work Zone

Do you know 1 in 5 deaths among workers in the US is reported from the construction industry? In 2020 alone, around 1,008 workers died on their job sites.

Construction sites can be risky, and the work zone is one of the most significant hazards. Therefore, it’s essential to know who might be responsible if someone dies in a work zone so that you can hire a wrongful death lawyer to proceed with your case. 

Who to Blame for a Work Zone Accident?

Work zones, especially those on bustling roads and highways, can sometimes be extremely dangerous. Without protection, construction workers are left with nothing but some traffic cones as their only line of defense. And when an accident does happen, the results can be catastrophic, sometimes even deadly.

If someone tragically dies due to a work zone accident, it’s not always clear who’s responsible. But when it comes to the cause, there can be several parties who can be held accountable for their negligence. 

Here are some of the potential culprits:

A Worker from Another Company 

Sometimes, not all the workers present on a construction site belong to the same company. In case a third-party worker causes a wrongful death in a work zone accident, like failing to manage traffic or set up safety barriers, they can be held responsible for the damages through a wrongful death claim.

A reckless driver

To make sure that construction workers stay safe, drivers have to obey the speed limit set for work zones. But, unfortunately, some drivers are careless and either drive too fast or don’t pay attention while passing through a work zone. 

If an accident occurs due to the driver’s negligence, they may be accountable for the damages caused to the family.

When to Hire a Lawyer After a Wrongful Death In a Work Zone?

Losing a loved one in a work zone accident is a devastating experience. Not only are you left to grieve the loss, but you may also be facing financial difficulties due to the sudden death of your family member. 

In such cases, it is important to know when to hire a wrongful death lawyer after a death in a work zone.

First of all, it is crucial to determine who may be held responsible for the accident. This can include the construction company, the site supervisor, a third-party worker, or even the driver who caused the accident. 

An experienced lawyer can help investigate the incident and determine liability.

If the cause of the death is due to the negligence of another party, then hiring a lawyer can help you pursue a wrongful death claim.

A wrongful death claim is a legal action taken against a party whose wrongful conduct caused the death of another person. In a work zone accident, this could include a failure to properly mark the work zone or a failure to follow safety procedures.

Also, you need a lawyer if the insurance company of the liable party is not offering the deserved compensation. An attorney can help you negotiate with the insurance company to ensure that you receive fair compensation for the loss of your loved one.

It is important to note that there is a statute of limitations for filing a wrongful death claim. In many cases, the claim must be filed within two years of the date of the death. Failing to file within this time frame can result in the loss of the right to pursue legal action.

Remember, if you have lost a loved one in a work zone accident, it is important to consider hiring a lawyer to help you navigate the legal process.

 A wrongful death lawyer can help determine liability, pursue a wrongful death claim, and negotiate with insurance companies to ensure that you receive fair compensation. Make sure you act promptly, as there is a limited time frame for filing a claim.

FAQs

Question: Why do I need a lawyer for wrongful death in a work zone?

Hiring a lawyer for a wrongful death in a work zone can help you navigate the legal process and ensure that you receive the compensation you deserve. An experienced lawyer can help investigate the incident, identify liable parties, and negotiate with insurance companies to secure a fair settlement.

Question: Who may be eligible to file a wrongful death lawsuit?

Generally, immediate family members such as spouses, children, and parents of the deceased may be eligible to file a wrongful death lawsuit. However, the eligibility may vary based on state laws, and it is best to consult with a lawyer to understand your legal rights and options.

Question: How much is a wrongful death case worth?

The value of a wrongful death case depends on various factors, such as the age and earning capacity of the deceased, the circumstances of the incident, and the emotional and financial impact on the family. A lawyer can help assess the damages and determine a fair value for the case.

Question: How long do I have to file a claim?

The statute of limitations for filing a wrongful death claim varies by state, but it typically ranges from one to three years. It is important to consult with a lawyer as soon as possible to understand the time limits and preserve your legal rights. Delaying the filing can potentially result in losing your right to recover compensation.