Santa Ana Wrongful Death Attorney
Claiming Wrongful Death After a Workplace Accident
According to the Occupational Safety & Health Administration, thousands of workers are killed every year while on the job. A loved one's death can cause financial strain for families, especially if the deceased worker was the sole breadwinner in the family. While you can file for workers' compensation, this is typically insufficient to cover the financial burden because workers' comp only provides limited death benefits. For families who are eligible to file a wrongful death claim in addition to workers' compensation, you may be able to recover more benefits to help you shoulder your costs.
Benefits available in a wrongful death claim include:
- Medical expenses and hospital bills related to fatal injuries
- Lost income
- Loss of benefits
- Loss of companionship
- Burial expenses
Whether you have lost a loved one in a dangerous construction site accident or your loved one passed away due to toxic exposure over the years, have our Santa Ana wrongful death attorneys evaluate your options and sources of compensation. You may be able to file both a wrongful death claim and workers' compensation claim, depending on your unique situation. If we decide that you are eligible to initiate a wrongful death action, we can investigate your loved one's accident and help you hold the negligent party responsible for your loved one's death. In some cases it may be an employer who failed to follow the laws, or it could be the manufacturer of a defective product. When you need answers, we're here for you.
Who Can File a Wrongful Death Claim?
In California, a wrongful death lawsuit may be brought by anyone who would be entitled to the property of the decedent by intestate succession. Typically, this includes the decedent's spouse or domestic partner, children or grandchildren, but can also include anyone who can show they were financially dependent on the person who died.
When Can I File a Wrongful Death Claim?
If a third-party (someone who is not your employer) caused the accident that led to your loved one's death, then you can file a claim against the liable individual.
Survivors of deceased workers can bring a claim against:
- Manufacturers of the defective machinery or equipment responsible for the accident
- Property owners for negligence that contributed to the death
- Drivers who caused an accident that led to the worker's death while on the job
In many cases, an employee is not allowed to file a lawsuit against their employer for work-related injuries when they file for workers' compensation. However, if your loved one's death was caused by a an employer's egregious and intentional wrongdoing, then you may be able to take legal action against the employer.
Wrongful Death Lawyers Seeking Justice After Work-Related Deaths
Speak with our workers' comp attorneys at Ufkes & Bright about your loved one's accident. Our wrongful death attorneys in Santa Ana can explore your sources of recovery and guide you through the claims process.
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