Indiana Construction Accident Wrongful Death Lawyers

Few things are as devastating as the death of someone you love, and it’s a devastation that construction workers’ families know all too well in Indiana, where the building trades accounted for nearly a fifth of the state’s private employment sector fatalities in 2023. Yet while you can’t turn back the clock on an irrevocable loss like this, you might be able to alleviate some of the financial burdens associated with an unexpected passing on an Indiana construction site through a wrongful death claim.

Unfortunately, the state imposes major obstacles on these kinds of cases, but they can be overcome by reaching out to the construction accident lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

For a free case review with a knowledgeable Indiana construction accident wrongful death lawyer, please call us at (317) 472-3333, chat with us online, or fill out our contact form today.

What Is a Wrongful Death Claim?

Before discussing how a skilled legal practitioner can help you in the wake of a fatal construction accident, it is important to understand what a wrongful death claim is and whether you have grounds for one in the State of Indiana.

According to Article 23, Chapter 1, Section 34 of the Indiana Code, wrongful death claims can be filed when someone dies because of “the wrongful act or omission of another,”  assuming that the deceased might have done so too “for the same act or omission” that led to his or her death.

However, not everyone is eligible to initiate legal proceedings over every wrongful death in Indiana. For an adult decedent, a category that includes basically every person killed on a construction site, a wrongful death claim must be filed by a “personal representative” or estate executor, who would usually be a construction worker’s surviving spouse, adult children, or parents.

Furthermore, even qualified plaintiffs don’t have an endless amount of time to take legal action, since any wrongful death claim has to be filed or resolved before the Statute of Limitations expires. The Statute is two years from the date of death in Indiana, and there are also caps on the funds that can be awarded and how they may be allocated, but our meticulous Indiana construction accident wrongful death attorneys will take pains to satisfy every statutory requirement for your claim.

Why Do Construction Deaths Occur?

The Occupational Safety and Health Administration reports that more than fifty percent of deadly construction accidents are the result of:

Falling – Approximately a third of lethal construction injuries are sustained during falls from significant heights.
Blows from objects – Getting struck by a heavy object plays a role in around 11.1 percent of incidents on construction sites that end in death.
Electric shocks – Direct exposure to electrical current is involved in about 8.5 percent of construction casualties.
Being caught in or between – An average of 5.5 percent of decedents on construction sites are caught in mechanisms or narrow enclosures or crushed between opposing forces.

Other common causes of construction site deaths in Indiana include:

Construction vehicle collisions
Collapsing scaffolds and buildings
Misuse of forklifts, cranes, and machines
Fires and explosions
Leaks of noxious gases
Poisonous chemical spills

While accidental deaths can obviously occur anywhere, not just on construction sites, there are a number of hazards that are unique to these locations that could sharply increase the odds of being mortally injured, such as:

Inadequate overhead coverage
Lack of fall prevention safeguards
Impediments in paths and walkways
Open trenches
Unshielded power sources
Malfunctioning equipment

Such unsafe conditions could be signs of negligence, a core element in any viable wrongful death case. Similarly, negligence might be indicated by a failure to exercise certain precautions that could minimize the harm that construction workers and lawful visitors may incur, such as:

Inspecting the construction site for dangers
Implementing comprehensive safety measures
Distributing appropriate personal protective gear
Instructing workers on the correct usage of tools and machinery

These sorts of deficiencies on a construction site could provide justification for a construction accident wrongful claim, though their mere presence may not be enough to guarantee a successful outcome. Indeed, construction accidents pose some of the biggest challenges in personal injury litigation, demanding deep familiarity with the law along with the routine operations of the construction industry, and the challenges may only grow in the event of a death.

But regardless of what difficulties may arise during your journey through the legal system, you can always rely on Hensley’s tenacious Indiana construction accident wrongful death lawyers to pursue everyone who may be responsible for a construction-related death.

Who Is at Fault for a Wrongful Death on an Indiana Construction Site?

It can often be tough to determine exactly who is at fault for a wrongful death on an Indiana construction site because of the inherent complexity of construction work. The truth is that any substantial structure probably wouldn’t exist without a host of individuals and entities laboring together in service of a larger goal, and any of them could be at risk of dying or deserve blame when someone else does.

Nevertheless, typical defendants in Indiana construction accident wrongful death claims may include:

Property owners
Project developers
General contractors, contractors, and subcontractors
Manufacturers, distributors, and retailers of substandard materials and supplies
Government bodies with jurisdiction over public spaces under construction

Sometimes multiple defendants could share varying degrees of liability simultaneously, and you could be forever barred from full recovery if you don’t go after every single one of them, a careless oversight that our firm won’t ever allow.

What Our Indiana Construction Accident Wrongful Death Attorneys Can Do for You

Beyond the havoc that can be wrought on those who are left behind, perhaps the greatest injustice of a wrongful death on a construction site is how profoundly wrong it is that someone in the prime of life should have that life cut short by someone else’s recklessness.

At Hensley Legal Group, we’re as angered by this injustice as you are, which is why our Indiana construction accident wrongful death attorneys will do whatever is necessary to right these wrongs and ensure that the dead can rest in peace and their mourners can move forward.

If you decide to hire Hensley, we will begin by launching a thorough investigation into the construction accident to identify everyone who contributed to it and establish valid claims against them before the Statute elapses. If warranted, a lawsuit can be filed as well in a court with the authority to issue a binding judgment.

Next, we will amass evidence of the defendants’ misconduct, coordinating our efforts with experts in their fields while acting swiftly to prohibit any defects from being removed or repaired before they can be documented – a critical step in an environment in which sudden change is the norm.

Upon assembling an airtight case against the defendants, our Indiana construction accident wrongful death lawyers will enter into exhaustive negotiations with their insurance carriers so that you can obtain the maximum compensation available under the law, including compensation for:

Medical, hospital, funeral, and burial bills
Psychological treatment
Termination of economic support
Lost love and companionship (if permitted)
Punitive damages (when applicable)

And if we do not receive an offer that is worthy of your claim, we are not afraid to go to trial for a verdict that is, unlike many of our competitors, whose reluctance to venture into the courtroom frequently costs them an opportunity to put more money in their clients’ pockets.

We realize that you may be concerned about agreeing to more expenditures after you have spent so much already, but you should be aware that our firm operates on a contingency basis. This means that you won’t owe us anything until our Indiana construction accident wrongful death attorneys win your case and get you the resources you need to enjoy the future the departed would have wanted for you.

Get in Touch with Our Indiana Construction Accident Wrongful Death Lawyers

Hensley Legal Group has been fiercely advocating on behalf of hardworking Hoosiers like you for over a quarter century. If your world has been upended by a tragic – and tragically avoidable – death, get in touch with our Indiana construction accident wrongful death lawyers to learn more about your legal options.

You can schedule a complimentary consultation with an accomplished Indiana construction accident wrongful death attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.