Sherman Oaks Workplace Wrongful Death Lawyer

The death of a loved one is never easy to process. It is even more difficult and traumatic when the loss is sudden. When a family is financially dependent on the deceased’s wages and no longer has a stable income, it makes their devastating loss considerably harder. If you have lost a family member because of a workplace accident, you need to consult with a Sherman Oaks workplace wrongful death lawyer.

When you have lost a family member from a workplace accident, then you most likely are entitled to workers’ compensation death benefits meant to offer financial assistance. In most cases, these benefits will not cover all of the bills, and further compensation is needed.

If negligent actions resulted in the loss of a family member, then you have legal grounds to file a workplace wrongful death claim. By filing this kind of claim, you may receive the compensation you deserve and need to help pay the bills.

Work Circumstances That Could Result in a Workplace Wrongful Death Claim

There are many instances within the workplace where negligent actions could cause a serious accident, ultimately resulting in a worker’s death. This can, in turn, result in a workplace wrongful death claim being filed. The following are several examples of these instances:

Electrocution: When an electrician works at a site where there is dangerous wiring, causing the electrician to be electrocuted, the family members may have grounds to file a claim. If the proper safety measures were not taken into account, then there may be proof of negligence resulting in the victim’s death.

Violence at the workplace: In the event that a crime involving violence happens, like a worker being injured due to a robbery taking place that caused the worker’s death, then a wrongful death claim may be necessary. There may have been a lack of security measures within the workplace.

Construction site accidents: Construction workers consistently put their lives in danger, as incidents happen often. If a worker falls from scaffolding, sustaining major injuries, which then results in the person’s death, then a wrongful death claim may be filed if there is cause to believe that negligent actions resulted in the victim’s death.

Who Can File for a Wrongful Death Claim?

California law states that only people who meet the qualifications can file for a wrongful death claim. Below are some of the requirements that these laws discuss:

• A spouse or domestic partner of the victim who passed away from a workplace accident
• The children of the deceased
• If there are no living relatives or immediate family, an individual who may be an heir of the victim who passed away can file a claim on behalf of the deceased
• A person who lived with the victim who was financially dependent on them
• Stepchildren of the deceased

Economic and Non-Economic Damages

Being granted compensation to assist you and your family in recovering damages cannot replace the loss of your family member, but it is within your rights to file a claim as a means of receiving some of the money that was lost due to the expenses of medical bills and funeral costs. The final amount that you are given after a settlement depends on the determined value of your damages.

Economic damages: These kinds of damages can include medical costs due to care received before the victim died. Additionally, funeral costs and costs associated with burial can also be part of economic damages. For those who have lost wages and benefits after losing a loved one in a wrongful death case, a claim for lost future wages can also be part of the case.

Non-economic damages: These kinds of damages often include pain and suffering that a victim experiences. The loss of companionship can also be included. In the case of losing a loved one in a workplace accident with particularly egregious negligence involved, punitive damages can be awarded as a sort of punishment to the person who should be held responsible for the accident.

FAQs

Q: How Are Wrongful Death Settlements Distributed in California?

A: In California, wrongful death settlements can be distributed in multiple ways. They can be distributed in equal amounts to all beneficiaries involved. Sometimes, a larger amount may be given to the surviving spouse and children, while others who are considered heirs may be given smaller but equal amounts of the remaining settlement.

Q: What Is the One-Action Rule for Wrongful Death in California?

A: The one-action rule for wrongful death in California is meant to serve as protection for the defendant. As many family members of the victim who passed away as a result of negligent actions may wish to file a claim in Sherman Oaks, the one-action rule allows for family members to file one claim. Additionally, when this one-action rule is followed, all heirs need to be included in the claim.

Q: How Do I Prove Wrongful Death in California?

A: There are several things that can be used to prove wrongful death in California. Evidence that negligent actions took place that resulted in the death of the victim must be part of the proof given. Other proof can involve medical records citing the victim’s injuries or witness statements. It can also involve the testimony of an expert.

Q: How Are Wrongful Death Settlements Calculated in California?

A: Wrongful death settlements are calculated in California based on the damages experienced by the victim and their family. These damages are either non-economic or economic, or possibly a combination of both. Damages are not calculated by one specific formula and are valued differently depending on the court’s decision. As a result, each wrongful death case will be granted a different amount.

Consult with a Sherman Oaks Workplace Wrongful Death Lawyer

Unexpectedly losing a loved one is especially difficult to deal with. It is even more devastating when the person has passed due to someone else’s negligent actions. Facing financial burdens can be overwhelming when losing a family member suddenly. If you have lost a loved one from an accident that happened in the workplace, you need the help of a workplace wrongful death lawyer. Contact Barry Law Group for assistance with your case.