Maison Law can help you and your family through the claims process after a construction accident in California. Probably the most unfortunate thing about an accident on a jobsite is that, in the worst case, it can end up being fatal. And any construction worker, whether full-time or contractor, faces this risk. It’s something nobody wants to face, but when it happens, our team will be there to help. Set up a free consultation today.
Is a Lawyer Needed After a Fatal Construction Accident?
It sounds surprising, but even with a fatal construction accident, a lawyer still isn’t a requirement to file a claim. But here’s the reality: fatal construction accident cases are rarely simple. Construction sites usually have several layers of responsibility: general contractors, subcontractors, property owners, and even equipment companies. Each one may have its own insurance carrier, all looking to minimize what they pay.
Sorting through that while you’re dealing with the loss of a loved one is a lot to ask of any family. That’s where our team steps in and helps by:
- Gathering the records
- Tracking down witnesses
- Dealing directly with the insurance companies so you don’t have to.
- Making sure deadlines don’t slip by and that your family’s side of the story is fully heard.
You can move forward without a lawyer, but having someone in your corner often makes the process smoother and less overwhelming. This gives you space to focus on what matters most–healing and moving forward.
What Can Cause a Fatal Accident on a Construction Site?
It’s one of the toughest things to think about when you go to work on a construction site, but the risk of a fatal accident is always there. And when there’s a safety lapse or corners are cut, any accident can turn fatal. At the same time, not every accident leads to tragedy. But it’s still worth looking at the main causes of fatal accidents on a typical construction site:
- Falls – A slip from a ladder, scaffold, rooftop, or half-built structure can be fatal, especially if safety gear wasn’t provided or used properly. Even short falls can have life-ending consequences.
- Falling objects – A wrench, loose board, or piece of debris dropped from above doesn’t seem like much—until it strikes a worker below. Without netting, barriers, or simple precautions, these accidents can be deadly.
- Electrocutions – Coming into contact with live wires, unsafe power sources, or faulty equipment can create fatal electrocutions. What’s worse, many of these accidents are preventable with inspections, training, and grounding.
- Crushing accidents – Any worker can be pinned between vehicles, caught under heavy machinery, or trapped when trenches or walls collapse. This happens so fast that it leaves your family with no warning.
- Explosions and fires – Given all the flammable materials on a site, explosions and fires are always a fatal risk–especially when safety rules aren’t followed.
- Heavy equipment accidents – Cranes, forklifts, bulldozers, and trucks are powerful tools, but when they’re poorly maintained or carelessly operated, they can cause instant, fatal accidents.
Each of these accidents happens in a matter of seconds, but the consequences last forever. Too often, they trace back to hazards that weren’t fixed, equipment that wasn’t maintained, or safety rules that weren’t enforced. That opens the door to a claim, but it also means taking steps to get evidence.
What Evidence Can Help a Claim After a Fatal Construction Accident?
After a fatal construction accident, the idea of collecting “evidence” can feel overwhelming. You’re already dealing with grief and the last thing you want is paperwork. But these details are often what help paint a clear picture of what really happened—and why your loved one’s death could have been prevented:
- Accident reports – Whether from OSHA, the police, or the construction site itself, these reports lay out the basic facts. They may feel cold on paper, but they provide a starting point for understanding what went wrong.
- Medical records – Hospital notes and doctor reports connect the accident directly to your loved one’s passing. They’re often clinical and hard to read, but they help show the link that matters in a claim.
- Witness accounts – Coworkers, bystanders, or others who were there can often explain details that official reports miss. Their words help bring clarity to how the accident really happened.
- Photos or video – Sometimes one image of a worksite hazard or a clip from a security camera can reveal more than pages of documents ever could.
- Financial records – Pay stubs, benefits, or even household budgets may seem small compared to your loss, but they help explain how much your family has lost in terms of support and stability.
On their own, none of these pieces tell the whole story. But together, they show both what happened on the job site and how that loss has reshaped your family’s life. Part of our role is to gather and protect this information—so you can focus on your family while we focus on holding the right people accountable.
What Kind of Claim is Filed After a Fatal Construction Accident?
It might not feel like it, but at least legally, a fatal construction accident is actually the same as a car accident or any other kind of accident that takes your loved one. And while the type of claim that’s filed–a wrongful death claim–is a bit different, it’s still about two things: showing negligence and recovering damages.
First, your family needs to show that negligence played a role in what happened. That means showing:
- Someone had a responsibility to keep your loved one safe
- That responsibility wasn’t met
- The failure led to the accident
This can fall on a lot of different people on a construction site, but it’ll ultimately come down to what went wrong and who was responsible. Given the circumstances, that could be:
- The construction company or site manager
- The equipment maker
- A subcontractor
- A government agency
With negligence established, your family can then move forward to actually file the wrongful death claim. However, that brings its own challenges.
Who Can File a Wrongful Death Claim After a Fatal Construction Accident?
After a fatal accident on a construction site, not everyone can file a claim—but the law does make sure close family members–the ones most impacted–can file. Usually, this is limited to:
- Surviving spouses
- Domestic partners
- Children
But if there’s no spouse or children, other relatives who would inherit under California law—like parents or siblings—may also be able to step in.
Really, though, a wrongful death claim isn’t just about legal paperwork—it’s about helping families handle the practical and emotional impact of such a sudden loss. So, when the wrongful death claim is actually filed, it covers things like:
- Funeral and burial costs
- Medical bills that came before the death
- Lost income or benefits your loved one would have provided
- Costs related to the loss of the support, guidance, and companionship they offered.
It’s also important to remember there’s a time limit: in California, most wrongful death claims must be filed within two years of the accident. With construction accidents often involving multiple companies, contractors, and insurers, acting quickly is key to preserving evidence and making sure your family has the chance to recover the support they need.
Frequently Asked Questions
What usually causes fatal construction accidents?
Falls, electrocutions, being hit by falling tools or materials, machinery accidents, and fires or explosions are the most common. Most happen when safety rules aren’t followed or equipment isn’t kept up.
Can more than one person or company be responsible?
Yes. A general contractor, subcontractor, property owner, or equipment maker could all share responsibility depending on what went wrong.
What kind of proof do I need for a claim?
Reports from the site, medical records, witness accounts, photos or videos, and any notes on unsafe equipment or conditions can all help show negligence and the impact on your family.
Families Can Turn to Maison Law For Help After a Fatal Construction Accident in California
Losing someone on a construction site is devastating, and the legal process can feel overwhelming. At Maison Law, we help families understand their options, gather the right evidence, and make sure every detail is handled carefully. Don’t wait–set up a free consultation today and let us help your family move forward.
