Pasadena Workplace Wrongful Death Lawyer

It is never easy to lose a loved one. It is especially difficult to lose a loved one unexpectedly. If a family has lost the family member who earned most of their income, then they may have lost their financial stability as well. If you have lost a loved one due to a workplace accident, you need to consult with a Pasadena workplace wrongful death lawyer.

If you are the family member of a person who has died while on the job, then you may be entitled to workers’ compensation death benefits. These benefits are meant to help families financially during a difficult time, but they will likely not be enough to fully financially support all of the current bills and other added expenses.

When you have lost a loved one due to someone else’s negligence, then you may have legal grounds to file for a wrongful death claim to obtain compensation to cover the financial burden.

Situations That Could Lead to a Workplace Wrongful Death Claim

There are several work situations where one person’s negligence could lead to a worker’s death and potentially lead to a workplace wrongful death claim.

Construction site accidents: Construction can be a very dangerous profession, and accidents can occur often. Falls from scaffolding can happen, and serious injuries can occur from incorrect usage of tools or machinery. If a construction worker was killed due to someone else’s negligence, then the family members may have a right to file a wrongful death claim.

Malfunctioning of industrial machines: If an individual works in a factory and must use industrial machines but experiences a machine malfunction that causes a serious injury that eventually becomes fatal, then the family may have grounds to file a claim.

Who Can File for a Wrongful Death Claim?

According to California law, only people who have met certain requirements may file for a wrongful death claim. These laws state that the following people may file for a wrongful death claim:

• The spouse or domestic partner of the person who passed away.
• The children of the person who passed away.
• In the case that there is no spouse, children, or other living relatives, an heir of the deceased may file a claim on the deceased’s behalf. These heirs may be the deceased’s parents, siblings, or other relatives.
• Anyone living with the person who died in a workplace accident and was financially dependent upon them.
• The stepchildren of the person who passed away.

Economic and Non-Economic Damages

Losing a loved one can never be fixed by receiving a settlement, but it is perfectly reasonable for family members to file a claim to help cover some of the damages experienced as a result of the accident in
Pasadena. Keep in mind that the amount you receive is based on how the damages are valued.

Economic damages: Economic damages in a workplace wrongful death case can involve medical costs for injuries sustained before the victim passed away, costs of the funeral and burial, retirement accounts, or estate costs. If you have lost a consistent income due to losing your loved one, who has been the main financial provider, then you may be able to claim lost wages.

Non-economic damages: Non-economic damages can involve pain and suffering of the victim before they passed away, and the loss of companionship with the person who passed away. For those who have lost a loved one due to an incident in the workplace, punitive damages can be granted. Punitive damages are generally meant to serve as penalization for those who are responsible for the workplace accident occurring.

FAQs

Q: What Evidence Is Necessary to File for a Workplace Wrongful Death Claim?

A: There are several things necessary to serve as evidence to file for a workplace wrongful death claim in Pasadena, CA. First, there must be proof that negligence occurred, whether by the employer or someone else, and that the acts of negligence have caused the death of the victim. Other evidence that can be used in a workplace wrongful death claim can be medical bills, medical records, and the testimony of an expert.

Q: Can There Be More Than One Liable Party in a Wrongful Death Case?

A: Yes, there can be more than one liable party in a wrongful death case. In the case of a person dying due to a medical error, it can be the responsibility of both the doctor who performed the surgery and the hospital’s negligence. Similarly, a workplace wrongful death case can be the responsibility of an employer’s negligence and a worker’s negligence that resulted in someone’s death.

Q: What Happens if You Miss the Statute of Limitations for Your Wrongful Death Case?

A: If you miss the statute of limitations for your wrongful death case, meaning that you have failed to file a claim before the allotted time has passed, then the court will very likely not consider your case. Before filing a workplace wrongful death claim, it is important to know and understand the statute of limitations.

Q: What Are the Elements of a Wrongful Death Claim in California?

A: There are typically four elements that are part of a wrongful death claim in California. The first element is known as a duty of care, in which the defendant has a duty to act responsibly and safely. Secondly, there must be a breach of this duty where the defendant failed to act responsibly and safely. The third element is that these actions caused the death of the victim. The last element is that the plaintiff is entitled to receive compensation for damages.

Consult with a California Workplace Wrongful Death Lawyer

Losing a loved one is very difficult, especially when that loved one has been lost suddenly and unexpectedly. There is added stress when a family no longer has a steady income due to losing the person who financially supports the family. A financial strain can be felt due to extra medical bills and funeral costs. If you have lost a loved one due to a workplace accident, consult with a workplace wrongful death lawyer. Contact Barry Law Group for assistance.