How To File A Wrongful Death Claim In California?
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Sadly, workplace accidents are common. Occasionally, a workplace accident results in a terrible tragedy when a worker is killed on the job. A deceased worker’s family can seek death benefits through the California workers’ compensation system. These benefits are often a lifeline for surviving family members, especially if the deceased worker was the sole wage earner or breadwinner for the family.
However, this situation has two sides. When it comes to compensating families for such an irreparable and financially devastating loss, California’s death benefits through workers’ compensation can be woefully inadequate. In such situations, surviving family members may have a number of questions, particularly if their loved one died on the job due to the negligence of a third party – a person or organization other than the employer
When Can You File A Wrongful Death Lawsuit?
You may be eligible for workers’ compensation death benefits if your loved one was killed in a workplace accident. It can be difficult to determine if you need a workplace wrongful death attorney. Depending on the circumstances surrounding the death of your loved one, your attorney may be able to file a wrongful death lawsuit to recover additional damages.
An experienced California work injury lawyer can help you understand the benefits to which you are entitled and can help you secure the maximum possible compensation. While we know that no amount of monetary compensation can bring back your loved one, the settlement you receive can help support your family and secure your financial future. Scrambling to pay bills and struggling to stay afloat financially is the last thing any family needs after a tragic loss.
Steps To File A Wrongful Death Claim
A wrongful death claim is a civil claim that a family may file if another party is responsible for a family member’s death. In a case involving a work-related injury, a third party (someone other than the employer) may be a general contractor, subcontractor, property owner, or manufacturer of a defective product.
- Hiring A Lawyer
If you believe that your loved one was killed due to someone else’s negligence or wrongdoing, the first step is to retain the services of a wrongful death attorney. If your loved one died on the job, it is best to seek the counsel of a workplace accident lawyer. It would not be advisable to handle such complex claims on your own. Retaining a lawyer can help you avoid mistakes such as missing filing deadlines and put you in a good position for a favorable outcome.
- Parties Who Can File
You may file a wrongful death claim under California law if you are the deceased person’s surviving spouse or domestic partner. Other parties who may file include the decedent’s children, parents, siblings, and, in some cases, those who were financially dependent on the decedent. You may be required to appoint a personal representative to file the claim for wrongful death on behalf of your family.
- Compiling Evidence
Your claim for wrongful death will be strengthened by evidence relating to the incident that caused the fatal injury. Our wrongful death attorney at Oracle Law Firm will assist you. In cases involving work-related injuries, admissible evidence may include incident reports, medical records, proof of lost wages, photographs and videos from the scene, eyewitness accounts, expert testimony, and much more.
The process of filing a wrongful death lawsuit can be complicated. Oracle Law Firm’s workers’ compensation attorneys have assisted families of injured workers in obtaining maximum compensation for their losses. Call (888)-547-1778 to schedule a free consultation.