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Losing a loved one is never an easy process. Not only is the grieving process difficult emotionally, but the loss of a family member typically brings financial costs and concerns as well.

When your family member’s death comes as a result of an accident on a construction site, you may not have to bear these expenses alone. Our team of dedicated legal professionals at Emmanuel Sheppard & Condon has experience handling cases involving Pace fatal construction accidents. They can help you establish, assert, and protect your legal rights after your loss.

Who Can Recover After a Fatal Construction Site Accident?

Unfortunately, not everyone affected by a fatal accident at a construction site in Pace will be able to recover compensation. Depending on your exact situation, several different legal avenues may be available. One common way to recover compensation after the passing of a loved one is a wrongful death claim. Florida Statutes § 768.20 provides that only the personal representative of the person who passed away can bring a wrongful death claim; however, the personal representative is obligated to share any compensation that results from the lawsuit with the survivors of the deceased.

Florida Statutes § 768.18 defines “survivors” to include the parents, spouse, and children of the person who passed away. In certain situations, that list may be expanded to include other people, such as any blood relatives or adopted siblings the deceased person supported financially before their passing.

Determining who is eligible to recover damages may be complicated in some situations. A knowledgeable attorney can help you determine whether bringing a wrongful death claim is possible in your situation and, if so, who can benefit from it.

Legal Filing Deadlines for a Fatal Construction Accident

Although compensation may be available for a family in Pace that is affected by an accidental death on a construction site, there are limits on how long after the accident the claim may be filed.

For example, if a wrongful death claim is appropriate, Florida Statutes § 95.11(4)(e) dictates that the personal representative must file the lawsuit within two years.

Alternatively, if the deceased was working on the construction site at the time of the accident and the claim is against their employer, then a workers’ compensation claim may be necessary. In this situation, Florida Statues § 440.19 asserts that the employee’s estate must file the claim within two years after the employee’s passing. However, Florida Statutes § 440.185 adds that, in this scenario, the family must also provide notice of the claim to the employer within 30 days of the accident.

Failure to comply with these deadlines could result in a lawsuit being dismissed by the court. Because compliance is so important, you should seek advice from an experienced lawyer as soon as possible.

After a Construction Accident Leads to Death, Call a Pace Attorney

When a loved one or family member passes away, you have enough on your plate. If the death was the result of another person’s carelessness, recklessness, or negligence, then you should not have to bear all of the costs on your own. Although no amount of money can replace the one you lost, an attorney who has experience dealing with the aftermath of Pace fatal construction accidents can help you pursue the compensation you need to ease the financial strain.

Schedule an initial consultation with Emmanuel Sheppard & Condon today to seek the justice you and your family deserve.