Suing Your Contractor for Wrongful Death

An accidental death of a loved one is always difficult. There are circumstances that are simply beyond our control, and the survivors are left to surrender to fate. When the negligence of one person directly causes the death of another, the family members of the victim have the right to hold that person financially responsible by pursuing a wrongful death lawsuit.

A construction project is an area that can contain many dangers, some of them potentially fatal. For this reason, construction is governed by state and local laws through a number of permit and certification requirements. A contractor is any person in a position of responsibility in a construction project, who is authorized to supervise a construction project.

When a construction project of any size goes wrong, and a person dies as a result of improper construction practices, the contractor may be liable. The contractor might be charged in a wrongful death lawsuit with:

  • Negligence — the failure to take proper care
  • Malfeasance — intentional conduct that is unlawful
  • Misfeasance — taking action that is legal but is performed incorrectly
  • Nonfeasance — failure to take action to prevent a danger

Some common areas of danger during a construction project include electrical systems, support beams in ceilings, walls and floors, and toxic or flammable chemicals left unattended at the worksite.

A construction-related accident can take place during the construction process or after the completion of the project. If the contractor’s work or inattention directly contributed to the victim’s death, the family of the victim can file a lawsuit. In Florida, a plaintiff might be eligible to receive both monetary damages, including medical expenses, lost wages, funeral costs and repair costs, and non-monetary punitive damages to compensate for pain and suffering.

In Florida, there is a statute of limitations on wrongful death lawsuits of two years. In other words, a person or estate that files a wrongful death suit has a maximum of two years from the time of the victim’s death to file.

The accidental death of a loved one can be unbearable, and the victim’s family may not be in a position to manage legal details for a long time. A member of the litigation team at the Law Office of Lytal, Reiter, Smith, Ivy & Fronrath is eager to represent you in your wrongful death case. Call us at 561-655-1990 or contact us online today.