Construction sites can be dangerous for everyone involved. In the worst cases, construction site injuries can be fatal, leading to hefty medical bills, funeral expenses, and other financial obligations. A successful lawsuit could help the deceased’s surviving relatives recoup financial compensation.
You should speak to an attorney as soon as possible if your loved one was a victim of a Danbury fatal construction site accident. Our seasoned attorneys at Berkowitz Hanna are prepared to fight for the compensation you and your family deserve.
Negligent actions on a construction site can lead to injuries from hazards such as falling objects, dangerous equipment and machinery, or exposure to hazardous substances. The usual plaintiff in a personal injury lawsuit for negligence is the injured victim. However, an injured party does not lose their cause of action in the event of death.
When a person is killed in a Danbury construction site accident, state law permits their surviving family to bring a wrongful death lawsuit, according to Connecticut General Statute § 52-555. The law requires that the lawsuit be brought by the executor or administrator of the deceased victim’s estate.
The state’s wrongful death laws allow surviving family members to recover certain quantifiable economic damages, including reasonable medical costs and funeral expenses. Additionally, families can recover damages for lost salary or lost future earning capacity, according to Conn. Gen. Stat. § 52-572h. The rule also permits victims in actions involving negligence to recover noneconomic damages, such as mental and emotional suffering.
A surviving spouse can also recover damages for loss of consortium with a partner, under Conn. Gen. Stat. § 52-555b. These claims allow a surviving spouse to recover damages for loss of society, affection, moral support, or sexual relations with the deceased spouse.
Additionally, Conn. Gen. Stat. § 52-555 requires that plaintiffs file their wrongful death lawsuit within the applicable statute of limitations. This means that a plaintiff must file the wrongful death lawsuit within two years from the date of death or within five years from the date of the accident. A Danbury attorney can ensure that the necessary deadlines are followed after a fatal construction site injury.
A successful wrongful death lawsuit for a Danbury construction injury must still prove the underlying elements of negligence. A plaintiff must prove negligence by first establishing that the defendant had a duty of care. The defendant’s actions must also have breached this duty of care.
In situations involving hazardous construction sites, the defendant’s duty of care will depend on who was allegedly responsible for the accident and the specific facts of the case. For example, an injured victim could potentially sue a general contractor if the accident resulted from their employee’s failure to exercise reasonable care when operating dangerous construction equipment. An injured party could also potentially sue the owner of the construction site if there were no warning signs posted about potential hazards.
If the defendant breached their duty of care, a plaintiff must still prove that this breach was the proximate cause of their injuries. The breach must also result in actual damages.
When a person is killed as a result of a Danbury construction site accident, the court will limit the surviving family’s ability to recover damages if the victim’s own negligence contributed to the incident.
The state follows the doctrine of modified comparative negligence when determining what damages are appropriate when a plaintiff was negligent. Conn. Gen. Stat. § 52-572h(b) provides that a plaintiff can only recover damages in a wrongful death action so long as the victim’s negligence does not exceed the negligence of the defendant. The experienced lawyers at Berkowitz Hanna know how to deal with cases like these and can work to ensure that fault is assigned fairly.
Dealing with the death of a loved one or close relative because of avoidable negligent actions is very difficult for families. Danbury fatal construction site accidents can lead to financial uncertainty, especially when the death involves a primary caregiver.
If your loved one passed as a result of injuries sustained in a construction site accident, a Berkowitz Hanna lawyer is ready to discuss the facts of your case and help you pursue compensation. Contact us today to get started.
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