Chicago Defective Product Wrongful Death Lawyer

In the construction industry, wrongful death due to defective products is a devastating reality. Families are left to cope with unimaginable loss while navigating complex legal challenges. Seeking justice is not just about compensation; it’s about holding responsible parties accountable and preventing future tragedies.

At Rosenfeld Injury Lawyers, we understand the profound impact of these cases. Our experienced construction accident lawyers are dedicated to fighting for the rights of grieving families, ensuring they receive the support and justice they deserve. Let us help you through this difficult time with compassion and expertise.

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are dedicated to securing justice and compensation for families affected by fatalities due to defective products in the construction industry. Our experienced legal team has a proven track record of handling complex product liability cases and achieving substantial settlements and verdicts.

• $14,005,000 – Fatal fall injuries
• $12,300,000 – Fatal crush injuries
• $11,750,000 -Fatal roof fall
• $11,000,000 – Fatal skylight fall
• $10,500,000 – Electrical burn injury
• $7,200,000 – Ladder fall injuries

We conduct thorough investigations to uncover the cause of the defect, ensuring that all expenses, lost wages, and pain and suffering are fully addressed. Our deep expertise in construction industry claims allows us to navigate the complexities effectively and fight vigorously for your rights.

Understanding Wrongful Death Due to Defective Products in the Construction Industry

Wrongful death in the context of construction accidents involving defective products occurs when a person loses their life due to faulty machinery, tools, or materials. These defects can arise from manufacturing errors, design flaws, or inadequate safety warnings, leading to fatal accidents on construction sites.

The impact on families is profound and multifaceted.

Emotionally, the sudden loss of a loved one brings immense grief and suffering. Psychologically, the trauma can lead to long-term mental health challenges, including depression and anxiety. Financially, families often face significant burdens from medical bills, funeral expenses, and the loss of the deceased’s income.

This financial strain can be overwhelming, especially if the deceased was the primary breadwinner. Seeking justice through legal action can provide much-needed support and closure during such a difficult time.

Types of Defective Products in Construction

At Rosenfeld Injury Lawyers, we handle a wide range of cases involving defective products in the construction industry that pose severe risks and often lead to tragic fatalities. Understanding these hazards is crucial for preventing accidents and seeking justice when they occur. We specialize in representing families affected by wrongful deaths resulting from several common defective products on construction sites.

Faulty Machinery

Faulty machinery, such as cranes and bulldozers, can present significant hazards. Malfunctions in these heavy machines can lead to catastrophic accidents, including equipment collapse, uncontrolled movements, and crushing incidents.

Defects in the design, manufacturing, or maintenance of machinery can cause loss of control and mechanical failure, resulting in fatal injuries to operators and nearby workers. Ensuring the reliability and safety of these machines is paramount to protecting lives on construction sites.

Unsafe Scaffolding

Unsafe scaffolding is another prevalent issue. Defects in scaffolding can cause it to become unstable or collapse, leading to falls from heights that result in severe injuries or death.

Poor construction, inadequate support, or faulty materials can make scaffolding dangerous for workers. Proper assembly and regular inspections are essential to prevent these tragic accidents.

Defective Power Tools

Defective power tools are also a major concern in construction. Power tools with defects can cause electric shocks, fires, or mechanical injuries such as cuts and amputations. Malfunctions due to poor design, faulty parts, or lack of safety features make power tools extremely hazardous. Ensuring that these tools meet safety standards and are regularly maintained can help mitigate these risks.

Faulty Safety Gear

Faulty safety gear, including helmets and harnesses, poses a critical threat to worker safety. Safety gear defects compromise the protection that workers rely on, leading to head injuries, falls, and other fatal incidents.

Defective helmets may not withstand impact, and faulty harnesses may fail to support workers at heights, both leading to life-threatening situations. It is essential to provide workers with high-quality, reliable safety gear and to ensure its proper use and maintenance.

Other Types of Products Used in Construction

Other potentially dangerous defective products include unstable ladders, which can collapse or slip, causing falls; faulty electrical systems, which can lead to fires or electrocutions; and substandard construction materials, which can result in structural failures. Each of these defective products presents unique hazards that can lead to wrongful deaths in the construction industry.

Eligibility to File a Claim

In wrongful death cases, the legal rights of the victim’s family are of paramount importance. The family members of the deceased have the right to seek justice and compensation for their loss. Typically, immediate family members, such as spouses, children, and parents, are eligible to file a wrongful death claim. In some cases, extended family members or those who were financially dependent on the deceased may also have the right to file a claim.

Spouses often have the primary right to file a wrongful death claim, seeking compensation for the loss of companionship, emotional support, and financial contributions. Children of the deceased, whether minors or adults, can also file claims to recover damages related to the loss of parental guidance, love, and financial support. Parents of a deceased child can seek compensation for their profound emotional suffering and the financial impact of their loss.

In certain circumstances, other relatives or dependents, such as siblings or grandparents, may have the legal standing to file a claim if they can demonstrate a significant financial dependence on the deceased. Additionally, the personal representative of the deceased’s estate can file a wrongful death claim on behalf of the estate and distribute the recovered damages according to the will or state laws of intestacy.

Legal Rights and Compensation for Families

In the aftermath of a wrongful death due to defective products in the construction industry, families have the right to seek compensation for their profound loss. A wrongful death lawyer can help families navigate this complex process and secure the compensation they deserve. Several types of compensation may be available in these cases:

• Medical Expenses Prior to Death: Families can recover costs associated with medical treatment that the deceased received prior to their passing. This includes hospital bills, surgeries, medication, and any other healthcare services provided.
• Funeral and Burial Costs: The financial burden of funeral and burial expenses can be significant. Compensation can cover these costs, helping to alleviate the immediate financial strain on the family.
• Loss of Income and Future Earnings: The loss of the deceased’s income can have a lasting impact on the family’s financial stability. Compensation can include the deceased’s current earnings, as well as the potential future earnings they would have contributed over their working life.
• Loss of Companionship and Support: The emotional support and companionship provided by the deceased are invaluable. Families can seek compensation for the loss of these essential relationships, recognizing the profound emotional void left behind.
• Pain and Suffering: The pain and suffering endured by the family due to their loved one’s death are significant. Compensation for emotional distress, mental anguish, and the overall impact on the family’s well-being can be pursued.

A wrongful death lawyer from Rosenfeld Injury Lawyers can ensure families receive comprehensive compensation for their losses. By understanding and asserting their legal rights, families can secure the financial support they need to navigate this challenging time and honor the memory of their loved ones.

The Role of a Defective Product Wrongful Death Lawyer

At Rosenfeld Injury Lawyers, we are committed to providing compassionate and comprehensive legal support to families affected by wrongful death due to defective products in the construction industry. Our dedicated team offers a range of specialized services to ensure that families receive the justice and compensation they deserve.

Investigating the Accident

Our lawyers conduct thorough investigations to uncover the facts surrounding the accident. We meticulously examine the circumstances, identify the defective product, and determine how it caused the fatality. This detailed investigation forms the foundation of a strong legal case.

Gathering and Preserving Evidence

Collecting and preserving crucial evidence is essential for proving liability in wrongful death cases. Our team secures vital documents, such as accident reports, maintenance records, and safety protocols. We also gather physical evidence and take photographs of the accident scene and defective product to support the claim.

Consulting with Experts

To build a robust case, we collaborate with a network of experts, including engineers, safety inspectors, and medical professionals. These experts provide valuable insights and testimony regarding the defect’s nature, how it led to the accident, and the resulting damages. Their expertise strengthens the case and helps establish the manufacturer’s or other responsible parties’ liability.

Negotiating with Insurance Companies

Insurance companies often attempt to minimize payouts in wrongful death cases. Our experienced lawyers handle all communications and negotiations with insurers, advocating fiercely for the family’s rights. We strive to secure fair settlements that adequately compensate for the financial and emotional losses suffered by the family.

Representing the Family in Court

If a fair settlement cannot be reached through negotiation, our lawyers are prepared to represent the family in court. We have extensive trial experience and are dedicated to presenting a compelling case to the judge and jury. Our goal is to achieve a favorable verdict that holds the responsible parties accountable and provides justice for the deceased and their family.

Liability in Defective Product Wrongful Death Cases

Proving liability in defective product wrongful death cases involves navigating complex legal standards and gathering substantial evidence. A product liability lawyer from Rosenfeld Injury Lawyers can help you demonstrate fault through various legal theories.

Strict Liability

Under strict liability, manufacturers and sellers can be held accountable for defective products regardless of intent or negligence. To establish strict liability, it must be proven that the product was defective, the defect existed when it left the defendant’s control, and the defect directly caused the death. This legal standard focuses on the product’s condition rather than the manufacturer’s conduct.

Negligence

Negligence involves demonstrating that the manufacturer or seller failed to exercise reasonable care in the product’s design, production, or distribution. This could include inadequate testing, failure to warn about potential dangers, or improper manufacturing processes. To prove negligence, it is essential to show that the defendant owed a duty of care, breached that duty, and that the breach resulted in the wrongful death.

Breach of Warranty

A breach of warranty occurs when a product fails to meet the terms of an express or implied warranty. Express warranties are explicit guarantees about a product’s safety or performance, while implied warranties assure that a product is fit for its intended use. Proving a breach of warranty requires evidence that the product did not conform to these assurances and caused the fatal accident.

Evidence Needed to Support Your Claim

To successfully prove liability in defective product wrongful death cases, various types of evidence are crucial:

• Product Design and Manufacturing Records: These records can reveal flaws in the product’s design or errors in the manufacturing process that contributed to the defect. They are essential in showing how the defect originated and who is responsible.
• Safety and Compliance Reports: Documentation of safety tests and compliance with industry standards helps establish whether the product met the required safety criteria. Non-compliance with regulations can strongly support a liability claim.
• Testimonies from Industry Experts: Expert witnesses, such as engineers and safety inspectors, provide authoritative opinions on the product’s defectiveness and its role in the accident. Their testimonies can clarify complex technical details and strengthen the case.
• Accident Reconstruction Data: Reconstructing the accident can illustrate how the defective product caused the fatality. This data, often compiled by specialized experts, offers a visual and analytical representation of the events leading to the wrongful death.

Challenges in Defective Product Wrongful Death Cases

Defective product wrongful death cases in the construction industry present several significant challenges that can complicate the pursuit of justice. At Rosenfeld Injury Lawyers, our extensive experience and strategic approach enable us to effectively navigate these obstacles and advocate for the families of victims.

Here are some common challenges and our strategies to overcome them:

Proving the Product Was Defective

One of the primary challenges in these cases is proving that the product in question was defective. This involves demonstrating that the defect existed at the time the product left the manufacturer’s control and that it rendered the product unreasonably dangerous.

Our team meticulously investigates the product’s design, manufacturing process, and marketing. We gather comprehensive evidence, including design blueprints, manufacturing records, and any previous safety complaints or recalls.

Consulting with industry experts, we obtain authoritative evaluations that can confirm the presence of defects. These experts provide critical testimony that strengthens our case by explaining the technical aspects of the defect and its dangers.

Establishing a Direct Link Between the Defect and the Death

Another significant hurdle is establishing a clear and direct link between the product defect and the victim’s death. This requires demonstrating causation, showing that the defect was the proximate cause of the fatality.

We employ accident reconstruction specialists who can recreate the incident to illustrate how the defect led to the wrongful death. These reconstructions provide a visual and analytical representation of the events, making it easier for judges and juries to understand the causative link.

Additionally, we collect medical records and autopsy reports that correlate injuries to the defect, further substantiating the causal connection.

Dealing with Large Corporations and Their Legal Teams

Large corporations typically have formidable legal teams and substantial resources at their disposal, making it challenging for individuals to face them alone. These corporations may employ aggressive tactics to minimize liability and avoid substantial payouts.

Our firm has a proven track record of standing up to large corporations. We level the playing field by leveraging our own extensive resources and expertise. We thoroughly prepare for every aspect of the case, from detailed investigations to expert testimonies.

Our lawyers are skilled negotiators and litigators, ready to engage in tough negotiations or take the case to trial if necessary. We maintain a client-centered approach, ensuring that families are supported and informed throughout the legal process.

Our strategic approach, coupled with our dedication to justice, enables us to effectively overcome these obstacles. We are committed to holding responsible parties accountable and securing the compensation that grieving families deserve.

Importance of Timely Legal Action

Taking timely legal action in defective product wrongful death cases is crucial due to the statutes of limitations, which set a deadline for filing a lawsuit. In most states, the statute of limitations for wrongful death claims is typically between one to three years from the date of the death. Missing this deadline can result in the forfeiture of the right to seek justice and compensation.

Timely legal action is also essential for preserving evidence, which is critical for building a strong case. As time passes, evidence can be lost, degraded, or destroyed. Witnesses’ memories may fade, making their testimonies less reliable. Physical evidence, such as defective products or accident scene details, may be altered or become unavailable.

Delays in taking legal action can weaken the overall strength of the case. Prompt investigation allows for the immediate collection of crucial evidence, such as product design and manufacturing records, safety and compliance reports, and accident reconstruction data.

It also facilitates timely consultations with industry experts who can provide valuable insights and testimony. Early action ensures that the legal team can build a compelling case with the most accurate and comprehensive information available.

Contact Rosenfeld Injury Lawyers Today!

If you have lost a loved one due to a defective product in the construction industry, don’t wait to seek the justice and compensation your family deserves. Contact Rosenfeld Injury Lawyers today for a free, no-obligation consultation. Our experienced construction accident lawyers are here to help you navigate this difficult time with compassion and expertise.

Based in Chicago, we provide experienced legal counsel for the families of construction workers injured fatally due to defective products across Illinois and take select cases nationwide. With a deep understanding of the complexities surrounding wrongful death and product liability, our we will examine the circumstances surrounding your case to make sure the responsible parties are held accountable.

Contact our Chicago construction injury attorneys at (888) 424-5757 or online to schedule your free case evaluation today.

Specific Cases We Handle

• Excavation Accident Lawyer
• Government Entity Construction Accident Lawyer
• Ladder Accident Lawyer
• Nail Gun Accident Lawyer
• Punch Press Accident Lawyer

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.