Encino Workplace Wrongful Death Lawyer

Losing a loved one is never easy, especially when they die while on the job or in the line of duty. If you or your children need help obtaining the financial support you lost after your family member’s untimely death, be sure to contact an Encino workplace wrongful death lawyer as soon as you are able.

What Does Workers’ Compensation Include in CA?

Workers’ compensation typically provides financial support to employees who were injured on the job while they recover, potentially for longer if they are left permanently disabled and unable to return to work. Workers’ comp benefits also include payment to the families of workers who died in a job-related accident. In California, the surviving spouse or domestic partner of the deceased employee is allowed to also file a wrongful death claim if they believe someone negligently caused the death.

If there is not a living spouse, the deceased’s children are also entitled to file a wrongful death claim. In the event there are no surviving immediate family members, anyone who is an heir or beneficiary of their estate may file a wrongful death claim. This may include the deceased individual’s siblings, parents, other living relatives, dependents, stepchildren, presumed spouses, or presumed stepchildren.

The compensation from a wrongful death case varies depending on several factors unique to the exact situation, but the settlement will be composed of economic and non-economic damages. Economic losses can include any medical bills incurred by the worker prior to their death, loss of income and work benefits, funeral and burial expenses, and estate planning costs. Non-economic damages include the deceased’s pain and suffering, the loss of their care and companionship, and other intangible losses.

How Can a Workplace Wrongful Death Happen?

Fatal incidents and injurious accidents ultimately resulting in an employee’s death can occur in nearly every industry or profession. These are some examples of workplace wrongful deaths we can assist the surviving families and dependents with:

• Transportation and warehouse injuries: Delivery truck drivers, freight truckers, and other motor vehicle operators may suffer injuries resulting in their deaths. This extends to warehouse and material moving workers and those in rail vehicle incidents.
• Construction accidents: Fatal accidents sustained by construction workers, trade contractors, and employees within the extraction industry (extracting raw materials such as oil, gas, minerals, etc.)
• Injuries resulting from heavy machinery or complex equipment: These may affect factory workers, with accidents arising from malfunctioning, faulty, or improperly maintained industrial machinery
• Exposure to harmful substances or an overall dangerous work environment: Fatal illnesses can develop over time due to long-term exposure to toxic chemicals, inhalation of debris, or handling of other harmful substances
• Incidents involving workplace fires, explosions, electrocution, or extreme temperatures
• Workplace violence by people or animals: Violent accidents can include a fatal robbery, assault, or when working with wild animals in captivity
• Falls, slips, and tripping incidents: Falling from great heights, slipping or tripping from an obstacle or spill on the ground, and other falling accidents can result in various injuries that ultimately result in the worker’s wrongful death

FAQs

Q: What Does a Wrongful Death Lawyer Do in California?

A: Wrongful death lawyers are not just there to help families of the deceased acquire compensation. Their work is also about getting justice and holding those who acted negligently accountable for the untimely death of another person.

Your attorney in a wrongful death claim is there to guide you through the legal process, streamline the proceedings, and handle all paperwork on your behalf. A lawyer works hard to build a comprehensive case that reveals the truth and brings attention to those responsible.

Q: Do Most Workplace Wrongful Death Claims Go to Trial?

A: No, most wrongful death claims do not reach trial—this includes cases regarding fatal workplace accidents. The majority of wrongful death filings are settled outside of court. If the defendant’s insurance provider refuses to offer a fair settlement, the case will likely move into court proceedings to settle the matter.

It is important to be represented by an attorney with practical experience handling wrongful death claims since negotiation and litigation skills can be crucial.

Q: What Are the Recoverable Damages for Wrongful Death in CA?

A: According to California law, the relatives, dependents, or estate beneficiaries of the decedent can seek compensation for economic and non-economic damages. The specific settlement amount will vary depending on the case.

Economic damages can include the costs of the deceased person’s medical treatment prior to their death, funeral and burial expenses, the individual’s lost wages and job-related benefits, and loss of future income. Non-economic losses include the person’s pain and suffering, the loss of companionship, and sometimes punitive damages.

Q: How Is a Wrongful Death Claim Proven in California?

A: Wrongful death claims must be established by proving that the accused party acted negligently and failed to uphold a duty or obligation they had. By failing to carry out their duty owed to the deceased, the improper conduct of the responsible party directly resulted in the fatal accident and other damages incurred by the decedent.

For example, your attorney may provide evidence that your loved one’s employer failed to properly maintain important work equipment, resulting in a fatal injury.

Q: How Long Do You Have to File for Wrongful Death in California?

A: In California, the family of the deceased has two years from the date of death to file for wrongful death. If the claim of wrongful death is against a government entity or worker, the filing party must provide notice of their claim within 180 days (six months) of the date of death. While this may sound like plenty of time to take legal action, it is vital to consult with an attorney and begin your claim as soon as you can.

Trust an Experienced Encino Workplace Wrongful Death Law Firm for Your Claim

At Barry Law Group, our competent attorneys have years of extensive experience handling personal injury and wrongful death claims. We can help your family seek justice and compensation. Contact us today to schedule an initial meeting with a caring attorney committed to assisting you through this sensitive time.