Construction sites are one of the most dangerous places to work. Despite strict safety guidelines, accidents still happen, and some of them can have tragic outcomes. In North Carolina, construction accidents can sometimes lead to wrongful death claims when someone loses their life because of unsafe working conditions, defective equipment, or negligence on the job site. The loss of a loved one is always devastating, and dealing with the legal process afterward can feel overwhelming, especially when it involves something as serious as a wrongful death claim. Families who have lost someone in a construction accident need to understand their rights and the steps involved in filing a wrongful death claim. At, Phillips & McCrea, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Wrongful Death Claims in Construction Accidents
A wrongful death claim happens when someone’s life is lost due to another person’s or company’s negligent actions. In North Carolina, these claims can be filed by the family or representative of the deceased person, seeking compensation for the loss. In the context of a construction accident, wrongful death could arise from situations like faulty machinery, improper safety practices, falling objects, or poor site management. The construction industry, with its heavy machinery, high-rise work, and constantly moving environment, has many risks, and when safety is ignored or overlooked, the results can be tragic.
The purpose of a wrongful death claim is to hold the responsible party accountable. When a company or individual’s negligence leads to someone’s death, the law allows for the surviving family members to seek justice by filing a claim. It is not just about getting financial compensation but also about ensuring that companies and workers follow proper safety procedures to prevent future tragedies.
Who Can File a Wrongful Death Claim in North Carolina?
In North Carolina, wrongful death claims can be filed by the personal representative of the deceased person’s estate. This representative is often a close family member, such as a spouse, parent, or child, but it can also be someone named in the person’s will or appointed by the court. The family member or representative is responsible for bringing the case to court and handling all the legal aspects involved. It is important to file the claim within the statute of limitations, which in North Carolina is two years from the date of the person’s death. If this timeline is missed, the family may lose their right to pursue compensation.
Attorney Attorney Attorney
Michael Phillips
Marcel McCrea
Natalie Andruczyk
The compensation sought in a wrongful death claim is meant to cover the financial and emotional losses caused by the death. This can include medical expenses that were incurred before the person’s passing, funeral and burial costs, loss of income, and loss of companionship or emotional support that the deceased person provided. While no amount of money can ever replace a loved one, these damages help to provide financial security to the family and can bring a sense of justice for their loss.
Common Causes of Construction Accidents Leading to Wrongful Death
Construction accidents can happen for many reasons. In some cases, accidents occur due to a simple mistake, but often they result from carelessness or unsafe working conditions. A common cause of wrongful death in construction is falls from high places. Construction workers often work on scaffolding, ladders, or roofs, and if these are not secured properly or if the worker is not given the right safety gear, a fall can be fatal.
Another frequent cause of wrongful death is being struck by falling objects. In a busy construction site, there are always tools, materials, and equipment being moved around. If these items are not properly secured, they can fall and cause serious injuries or even death. Heavy machinery accidents are also a major concern on construction sites. If equipment is not maintained correctly, or if the operator is not trained, these machines can become extremely dangerous.
Sometimes, a wrongful death on a construction site can be linked to electrical accidents. Construction workers deal with wires, power tools, and other electrical systems, and without proper precautions, this can lead to fatal electrocutions. Unsafe working conditions, lack of supervision, and poor safety training are often behind these tragic accidents, and they are all reasons why a wrongful death claim might be filed.
Michael was a pleasure to work with. He made sure all of my questions were answered in a timely manner. His compassion to help allowed me to receive excellence throughout my experience, i would highly recommend his expertise” - Anonymous Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service." - Denise Simply great legal service. They were professional, easy to work with and thorough. I have been very pleased with their service and would highly recommend them to my friends and colleagues as exceptional Charlotte attorneys." - Logan Abrams 
Proving Negligence in a Wrongful Death Claim
For a wrongful death claim to be successful, it is necessary to prove that the accident was caused by negligence. This means showing that someone did not take the necessary precautions to ensure safety and that this failure led directly to the death of the worker. For example, if a construction company did not provide the proper safety gear for a worker who was working on a high scaffold, and that worker fell and died, the company could be held responsible for failing to ensure the worker’s safety.
There are several elements that must be proven in a wrongful death claim. First, it must be shown that the party had a duty of care to the deceased person. On a construction site, the employers, contractors, and supervisors all have a duty to keep the workers safe. Next, it must be shown that this duty was breached. In the case of a construction accident, this could mean that the safety guidelines were ignored or that equipment was not maintained properly. Finally, it must be proven that this breach of duty directly caused the person’s death.
The Role of Insurance and Workers’ Compensation
In many cases, construction companies carry workers’ compensation insurance to protect themselves and their workers in case of accidents. However, workers’ compensation only covers certain types of damages. It generally does not provide compensation for emotional suffering or loss of companionship, which are essential parts of a wrongful death claim. In some cases, the family may be able to seek additional compensation outside of workers’ compensation through a wrongful death lawsuit.
It is important to understand that while workers’ compensation provides benefits to the family, it may not always be enough to fully address the losses caused by a wrongful death. A wrongful death lawsuit can help fill in the gaps by holding the responsible party accountable for their negligence. Families may also be able to pursue claims against third parties who were involved in the accident, such as equipment manufacturers or subcontractors.
Choosing a Personal Injury Attorney Personal Injury Case Case TimelineRelated Videos
How an Attorney Can Help With a Wrongful Death Claim
Filing a wrongful death claim can be a complicated process, especially when dealing with construction accidents. These claims often involve multiple parties, such as employers, contractors, and insurance companies, and determining who is responsible can be challenging. An attorney who has experience with wrongful death cases in North Carolina can help guide the family through this difficult time. They can investigate the accident, gather evidence, and work to build a strong case for the family.
An attorney can also help the family understand the types of compensation they may be entitled to receive. This can include compensation for medical expenses, funeral costs, lost wages, and the emotional pain and suffering caused by the loss. Having a legal professional by your side can make the process less overwhelming, giving the family time to grieve while also ensuring that their rights are protected.
The Importance of Seeking Justice for a Loved One’s Death
The loss of a loved one in a construction accident is a heartbreaking experience, and while no amount of money can bring them back, seeking justice through a wrongful death claim can help the family find closure. It can also prevent future tragedies by holding companies and individuals accountable for their actions and ensuring that construction sites remain as safe as possible. The legal process can be daunting, but with the right support, families can navigate it and achieve the justice they deserve.
If you have lost a loved one in a construction accident and believe that negligence played a role, you do not have to face this process alone. Phillips & McCrea, PLLC understands how devastating this loss is and is here to help you through the legal steps of filing a wrongful death claim. Our team is dedicated to providing compassionate legal representation and working to ensure that justice is served. Contact us today to learn more about how we can assist you.