Los Angeles Workplace Wrongful Death Lawyer

While money can never lessen the pain of losing a loved one, seeking compensation following their wrongful death while on the job is often a necessity better dealt with sooner rather than later. Allow a skilled Los Angeles workplace wrongful death lawyer to begin working on your wrongful death case and speed up the process for you.

Types of Job-Related Wrongful Death Cases We Handle

Here are some common causes of workplace wrongful death we can help the families of a deceased employee file a claim for:

• • Falling objects and head injuries: Brain damage and head injuries can follow incidents where heavy machinery or equipment has struck a worker’s head or if an object from above falls on them.
  • Slip and fall accidents: These can result in fatal injuries involving the spinal cord or head.
  • Violence: Violent attacks resulting in death are often reported in law enforcement professions or robberies in the workplace.

• Prolonged exposure to toxic substances or hazardous work conditions: Work that entails handling toxic chemicals, being around harmful substances, or working amongst hazardous conditions may develop into a fatal occupational illness.
• Injuries from electrocution, fires, and explosions
• Accidents within truck driving, delivery and material moving, rail vehicle, and warehouse work
• Construction site accidents
• Factory jobs involving industrial machinery

Who Is Able to File a Workplace Wrongful Death Claim?

Under California law, only certain people are able to file a wrongful death claim for a deceased individual, including for employees who died as a result of work-related circumstances. Worker’s comp will provide death benefits to the surviving family member, but the family will also have grounds for a wrongful death case if someone is responsible for causing the death.

If the deceased worker is survived by a spouse, presumed spouse, or domestic partner, they are able to file a wrongful death claim. Any surviving children of the deceased are also allowed to file a wrongful death claim when there isn’t a spouse or partner able to do so.

If no surviving immediate family is able to file for wrongful death, then the claim may be brought by a beneficiary or heir of the decedent’s estate. These include the person’s parents, siblings, stepchildren, children of a presumed spouse, dependents, individuals who lived with the decedent, and any other living relatives.

If you are eligible to file a wrongful death claim after a loved one has passed away due to job-related circumstances, it is advised that you take action early. The statute of limitations for wrongful death claims in California is two years from the decedent’s date of death. This may sound like ample time, but the sooner you are able to file, the easier it will be to collect evidence and build a compelling case, thus giving your family greater chances of a successful outcome.

What Damages Can Be Recovered by a Wrongful Death Claim?

The compensation settlement from a successful wrongful death claim will include both economic and non-economic damages. The specific amount will depend on a variety of factors, including how much the individual earned while employed, their age, the state of their overall health at the time of death, when they intended to retire, and how much the deceased contributed to their family in labor as well as financial support.

The economic damages of a settlement can include the individual’s lost wages and future income (along with the value of work benefits like health insurance, retirement, and pension accounts, stock options, etc.), costs of medical treatment incurred by the deceased prior to death, expenses from settling the person’s estate, and the cost of reasonable funeral and burial arrangements.

Non-economic losses encompass the decedent’s physical pain and mental suffering. These can also include the losses of the family due to their loved one’s death, including the loss of their companionship, advice, guidance, care, protection, etc. Some wrongful death filings may receive punitive damages if egregious negligence or misconduct is involved.

FAQs

Q: How Much Is a Wrongful Death Lawsuit Worth in California?

A: How much a wrongful death settlement may amount to in California for a fatal workplace accident depends on the nature of the individual’s death, their overall health at the time of death, their age, when they intended to retire, how much they earned when employed, and various other factors.

Compensation will generally include the decedent’s medical bills, pain and suffering, lost wages, loss of future income, and the family’s losses and expenses from funeral and burial arrangements.

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

A: To prove that your loved one’s death or fatal injury was indeed a case of wrongful death, your personal injury law attorney must prove that the negligent conduct of another party is what directly caused the injurious accident.

How your lawyer may approach proving this will vary depending on the case, but typically, it will involve proving how the deceased’s employer, co-worker, or other third party failed to carry out an obligatory duty that led to the fatal accident.

Q: Who Can File for Workplace Wrongful Death in California?

A: In California, the immediate family members of the deceased worker are allowed to file a wrongful death claim. Usually, it is assumed that the spouse or the domestic partner of the employee has first priority in filing for wrongful death.

If there is no surviving significant other, the decedent’s children may file. If the deceased individual has no immediate family, the heirs or beneficiaries of their estate can file for wrongful death, such as their parents, siblings, or other living relatives or dependents.

Q: How Long Do You Have to File a Wrongful Death Claim in CA?

A: California law allows the family of the deceased up to two years after the death to file for wrongful death. If the claim is against a government agency, the statute of limitations to file a “notice of claim” with the entity is 180 days. It is important to take early action to avoid the risk of filing too late and losing the chance to seek compensation.

Compassionate Legal Professionals Helping Families After a Wrongful Death

The experienced Los Angeles workplace wrongful death attorneys at Barry Law Group are prepared to listen to your experience and discuss the strength of your wrongful death claim with you. Reach out to us today to schedule a consultation with a dedicated and skilled lawyer.