Kirk Bernard

The death of a loved one can have a devastating impact on surviving family members. During this time of grief, it’s difficult to think of anything else except the loss of that special person.

But after the grieving ends, what is there to do about the ones who caused the death? Did the construction site employers, contractors and/or subcontractors fail to provide a safe environment for the loved one? Did that failure cause the accident that led to the death of the loved one?

Wrongful death can arise as a result of construction site accidents in Seattle. Wrongful death occurs when a person’s reckless or negligent actions result in the death of another. In order to win a wrongful death lawsuit, the following must be proven: defendant had a duty to the decedent; defendant breached that duty; death was caused by defendant’s breach of that duty; and the survivors have suffered damages as a result of the loss and death of the decedent.

A wrongful death claim can be pursued by the decedent’s family members (surviving relations of the decedent) or by the personal representative of the decedent’s estate. The damages that can be recovered depend on which of Washington State’s wrongful death statutes apply to the claim. But potential damages include medical expenses, funeral expenses, lost future earning capacity and general damages for pain and suffering.

One statute covers claims brought by surviving spouses, children and stepchildren. These surviving relatives have automatic standing to bring a wrongful death case for the wrongful death of a spouse or parent. The party in this case is entitled to “just” damages under the statute.

The General Survival Statute allows recovery to the estate and surviving beneficiaries of the decedent when the decedent was unmarried without dependents. This type of claim is brought by the personal representative of the decedent’s estate. Recoverable damages include the present value of the decedent’s future net earnings had he lived a normal life expectancy.

Another statute, the Special Personal Injury Survival Statute, applies to survivors who may not qualify for damages under the other statutes. This claim can be on behalf of other family members (parents, brothers, sisters) if they were dependent on the decedent for financial support and were U.S. residents at the time of decedent’s death. Recoverable damages include medical, hospital, and funeral expenses and earnings lost prior to death.

It’s important, as a surviving relative, to consult a wrongful death attorney like Kirk Bernard as soon as possible because the statute of limitations is running, shortening the time in which to file a claim. Depending on the circumstances, there may only be two to three years from the date of injury to file a claim. Also, any documentation or other evidence needed to prove a wrongful death claim needs to be preserved as soon as possible.

The wrongful death attorneys at the Bernard Law Group, after careful review of the case, can determine if there is a claim for wrongful death and under which Washington State statute damages can be recovered. Call the Bernard Law Group today at 1-800-418-8282 for a free consultation of your construction accident wrongful death case.