Construction Wrongful Death & Construction Fatality

Anyone can be at fault for a wrongful death caused by a construction accident, including:

• Individuals,
• Businesses,
• Government entities,
• Contractors,
• Subcontractors,
• Developers, and
• Property owners

Except in limited circumstances, the sole remedy for a construction fatality wrongful death lawsuit by a family against the deceased worker will be through workers’ compensation.  However, once we learn about the facts and circumstances of your loved one’s death, we can advise whether there may be an exception which might allow a lawsuit to be brought against the employer. 

Under Washington law, when the death of a construction worker is caused by the “wrongful act, neglect, or default of another person,” the victim’s personal representative can file a wrongful death lawsuit on behalf of specific beneficiaries in seeking to recover economic and non-economic damages.[2]

In Washington, only select family members are eligible to bring a wrongful death lawsuit. Eligible beneficiaries can include a:

• Spouse,
• State-registered domestic partner, and/or
• Child or children (including stepchildren)

If an individual did not have a spouse, domestic partner, or children, a wrongful death lawsuit may be maintained for the benefit of the decedent’s surviving parents or siblings provided that certain other financial dependency statutory requirements are also met.[3]

In some cases, the rights to bring a wrongful death case by family members will be complicated.  Please call us to learn who may be able to bring a wrongful death lawsuit in the case of your loved one. 

In general, there are two avenues for securing compensation in Washington for a construction injury fatality:

• Workers’ compensation death benefits. These benefits generally include a death benefit and certain other expenses – such as medical and funeral costs – which are paid by the worker’s employer or workers’ compensation carrier.  These benefits are generally “fixed” in nature because they are specifically tied to both workers’ compensation statutes and to the actual costs incurred (such as medical costs).

• Personal injury/wrongful death lawsuits. A personal injury (or wrongful death) lawsuit typically can be brought against any person or company other than a workers’ employer that had a role in contributing toward the worker’s death.  

Compensation to family members/eligible beneficiaries in a construction fatality personal injury case may include:

• Lost income and wages,
• Medical expenses (to cover medical care administered prior to death),
• Mental anguish,
• Emotional distress,
• Loss of consortium, love, and affection, and
• Funeral and burial expenses.

Because of the emotional nature of construction wrongful death claims, it is not advisable to accept any settlement agreement, release any party from liability, or sign any form or legal agreement without first consulting with an experienced Seattle construction wrongful death lawyer, as this could compromise your ability to sue under Washington law.

At Karr Tuttle Campbell, we represent families in construction fatality and other wrongful death cases on a contingency fee basis.  This means that  we are only entitled to a fee if compensation is recovered for a client.  Our fee is typically based upon a percentage of the award or verdict, and the applicable percentage generally depends upon whether a settlement is obtained, or whether the case goes to trial.

Our fee is typically paid directly out of funds recovered in either the settlement or verdict.

In construction fatality cases and other civil cases, there is what is know as the “statute of limitations.”  The statute of limitations is the time period by which a lawsuit normally must be filed.  If a lawsuit is not filed within the prescribed time period, an injury victim or the family who has lost a loved one may lose their right to seek compensation.

Because the statute of limitations for a construction injury wrongful death cases can sometimes vary depending upon a number of factors (including the types of defendants involved), you should always contact an experienced construction wrongful death lawyer as soon as possible after the construction incident, not only to preserve your rights, but also so that an investigation can be immediately commenced to preserve important evidence. 

In Washington, individuals generally have three years from the date of the incident that led to a victim’s death to file a wrongful death claim (often referred to as the statute of limitations).   However, in some cases this time period is significantly shorter, especially if a governmental entity (city, state, other governmental entity, or even the federal government) is involved.