Thursday, February 26, 2015

Kentucky Demolition and Construction Industry Fatalities

What Are Surviving Family Members’ Rights When Negligence Results in Wrongful Death?

The parents of demolition worker Brandon Carl of Augusta, Kentucky, faced an important legal question following the death of their son in a freeway overpass collapse that occurred on January 19: How can surviving family members hold negligent parties accountable following a loved one’s injury or death?

On January 19, Brandon Carl reported to work to continue the process of demolishing an overpass off I-75 near Cincinnati, Ohio. The demolition work was to have taken just days to complete and clear.

In circumstances that remain unclear, the overpass collapsed prematurely, resulting in Brandon’s death and in injuries to a semi truck driver who collided with the rubble created by the collapse. On February 10, after consulting with a construction accident attorney, Brandon’s parents sued the Ohio Department of Transportation, claiming it provided an unsafe work environment for the employees of Brandon’s employer Kokosing Construction Company of Columbus, Ohio.

A personal injury attorney can determine the rights of various surviving family members following a fatal accident. In Brandon’s case, his parents, fiancée and four children might all be owed a portion of total available compensation owed for:
• The loss of their son, father or fiancé;
• The loss of consortium (companionship) with their son, father or fiancé;
• Lost wages;
• The “great physical pain” and “extreme mental anguish” suffered by Brandon during the accident (as described by his parents’ attorney); and
• Funeral expenses.

When death is not immediate, surviving family members may also be eligible for compensation for medical expenses and at-home medical care.

In addition to determining which family members have rights to compensation, a personal injury attorney can identify the amount owed and aggressively pursue full compensation for all losses that occurred.

If you have questions following a fatal workplace accident in Warren County, Barren County or any other location in Kentucky, contact the experienced attorneys at the Law Firm of Flora Templeton Stuart in Bowling Green and Glasgow, Kentucky. Consultations are free, and someone is available 24 hours a day and can be reached at (888)782-9090.