Did your loved one go to work, and never return home?
Sadly, as many as 14 workplace fatalities happen every day. Sometimes the accidents are the worker’s fault, but that’s not always the case. If you suspect your loved one’s death was the result of someone else’s carelessness, we can help.
In this article, we’ll review what qualifies as a wrongful death lawsuit, as well as the type of damages you can sue for. While winning the lawsuit won’t fill the hole in your heart, it can help you get the justice you deserve.
Read on to learn how wrongful death claims work.
What Qualifies as a Wrongful Death Claim?
First, let’s look at what type of workplace accidents can qualify for a wrongful death claim. When a workplace death happens, surviving family members may be eligible to receive a settlement from worker’s compensation insurance.
However, since worker’s compensation is a type of no-fault insurance. As a result, the surviving family members usually aren’t able to sue the worker’s employer directly. Instead, workplace death lawsuits arise when a third party can also be found liable for the death.
For instance, any individuals or businesses connected to the fatality, who aren’t the direct employer, can be held legally liable. Subcontractors, property owners, clients, and customers are just a few of the individuals you may be able to seek compensation from.
Hire a Lawyer
A lot of lawyers will offer free consultations to help you determine whether or not you have a case. If you do have a case, your lawyer will be able to do all of the heavy lifting so you can focus on getting your life back on track. Another reason why you should hire one is that lawyers with experience handling wrongful death lawsuits will be able to help you seek out the maximum compensation for your loss.
Who Is Eligible to Sue for Wrongful Death?
Moving on, let’s look at who’s legally allowed to sue for a wrongful death lawsuit. Here’s a shortlist of eligible survivors:
- Immediate family members
- Life partners
- Financial dependents
- Distant family members
Keep in mind that every state has its own particular set of rules when it comes to being able to make a wrongful death claim.
Types of Damages You Can Collect
Finally, there are specific types of damages you’re allowed to sue for to receive wrongful death settlements.
Here’s a shortlist of qualifying damages:
- Burial expenses
- Lost wages
- Pain and suffering
- Punitive damages
Punitive damages exist to help punish the person who’s responsible for the death. The main idea is that by using the at-fault party, you’ll be able to discourage them from behaving the same way in the future.
File a Wrongful Death Lawsuit
Now that you understand the basics of how a wrongful death lawsuit works, do you think you have a case? We understand that wrongful death awards won’t take away the pain of losing a loved one. However, we hope that you’ll do everything you can to fight for the compensation you deserve.
Go ahead and get a free consultation from an experienced lawyer today. You’ll feel better finally knowing where you stand. For more tips like the ones in this article, check out the rest of this site.