Thousand Oaks Workplace Wrongful Death Lawyer

Losing a loved one can be emotionally traumatizing, especially when the loss is unexpected. For families who have lost the only person earning wages, their financial stability has been taken away. Needless to say, not only is the family emotionally distraught, but they are also concerned about how they will get by financially. When you have lost a family member due to an accident that happened at the workplace, consult with a Thousand Oaks workplace wrongful death lawyer.

If you have lost a loved one who has passed away due to an accident that happened at the workplace, then you may have legal grounds to file for workers’ compensation death benefits. Workers’ compensation death benefits are supposed to offer some financial support after the loss of a family member. Unfortunately, it will likely not be enough to cover all of the incurred debt due to the funeral costs and medical bills.

You may have grounds to file for a wrongful death claim if you have lost a family member because of someone’s negligent actions. This can help you get the compensation that you deserve to help with costly bills.

Work Circumstances That Could Result in a Workplace Wrongful Death Claim

There are many circumstances at work in Thousand Oaks, CA involving negligence that could result in the death of a worker, and filing for a workplace wrongful death claim could be the final outcome. Below are a few examples:

Electrocution: If an electrician is working at a site and the wiring is faulty, resulting in the electrocution of the electrician, then the family members of that worker may be entitled to a wrongful death claim. This is because the right safety measures may not have been taken to prevent the death.

Violence at the workplace: If a violent crime takes place on the job, such as an employee being attacked during a robbery that resulted in the employee’s death, then a wrongful death claim may be filed. This is because there may not have been proper safety and security measures in place.

Who Can File for a Wrongful Death Claim?

California law dictates that only certain individuals may file for a wrongful death claim. These individuals must meet particular requirements. The people who meet these qualifications below can file a claim:

• The deceased person’s spouse or domestic partner
• The deceased person’s children
• When there are no living relatives or close family, a person who is considered an heir of the deceased may file a claim
• Someone living with the deceased who was dependent on them
• The deceased’s stepchildren

Economic and Non-Economic Damages

Receiving compensation to help recover some of the costs and damages experienced from losing a loved one cannot replace the person that you have lost. It cannot resolve the grief that you feel. However, it is reasonable to file a claim to recover some of the damages due to the incident. The amount you are awarded is determined by how your damages are valued.

Economic damages: Damages in a wrongful death case that are considered economic damages can include medical bills from medical care received before the victim passed away. It can also include the funeral and burial costs and if an estate plan is necessary. Additionally, it may be possible for you to claim for lost wages and lost future wages.

Non-economic damages: Non-economic damages usually include the victim’s pain and suffering that was experienced before they passed away. It can also include the loss of companionship of a family member. If a loved one has been lost due to a workplace accident, punitive damages may sometimes be awarded. These damages are meant to penalize the person who is liable for the accident that occurred in the workplace.

FAQs

Q: How Are Wrongful Death Settlements Calculated in California?

A: Wrongful death settlements are calculated in California based on economic and non-economic damages. There is not one specific way that all economic and non-economic damages are valued. Each one will be valued depending on how the court decides to place monetary value on these damages. This means that every wrongful death case will be awarded a different settlement amount.

Q: Do You Have to Pay Taxes on a Wrongful Death Settlement in California?

A: In most cases, you do not have to pay taxes on a wrongful death settlement in California. In the event that the case goes to trial and you are granted punitive damages for a claim that is related to the wrongful death case, then you may be required to pay taxes on that amount received.

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

A: In Thousand Oaks, California, there are a few different pieces of evidence that should be used as proof that a workplace wrongful death claim is necessary. There needs to be evidence that negligent actions took place either by an employer or another worker that resulted in the death of the victim. Another piece of evidence to use in a workplace wrongful death claim can include medical treatment costs, records from a medical professional, and an expert’s testimony.

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

A: In most cases, there are four elements of a wrongful death claim in California. The first is considered the duty of care, where the defendant has a duty to be careful in their actions around others. The second element includes a breach of this duty when the defendant did not behave in a safe manner. The third element is that these actions resulted in the victim’s death. The fourth element is the damages that the plaintiff is entitled to because of this death.

Consult with a California Workplace Wrongful Death Lawyer

It is never easy to lose a loved one, but it is even more difficult when the loss is sudden. Additional stress may be felt as the family struggles to figure out how to pay bills due to the loss of income and extra medical and funeral costs. If you have lost a family member after an accident that occurred at the workplace, speak with a workplace wrongful death attorney. Contact Barry Law Group for help with your case.