Wondering whether to pursue a wrongful death lawsuit? According to data by the U.S. Bureau of Labor Statistics, in 2017, workplace fatalities reached 5,147. This shows that workplace fatalities are more common than you might think. Most are caused by fatal accidents during transport, slips or falls, injuries caused by fellow workers or animals, contact with machinery and equipment, exposure or contact with harmful substances, fire, and explosions, etc. If your loved one dies as a result of deliberate behavior, disregard or carelessness of their employer at their place of work, then you have the right to seek compensation. But do you know how you can file the claim for compensation? In this article, we will enlighten you with details on filing a wrongful death claim after a workplace accident.
What is a wrongful death claim?
A wrongful death claim endures when a personage vanishes due to the statutory responsibility of another person. The right to file a claim for wrongful death is a comparatively latest notion. "Common law" (the laws brought to the United States from England) did not acknowledge this kind of lawsuit. But throughout the last century, state and federal governments built the right to bring a wrongful death action. As such, it's important to know what the legalities are, as well as other technicalities like "When Does the Dead Man's Rule Apply?", to make sure you're getting exactly what you're owed after the death of a loved one.
Who should file a wrongful death claim?
Some specific people should pursue a wrongful death claim as specified by the state laws. Children of the deceased or the surviving spouse can file a claim for wrongful workplace death in most states. Some states allow extended family members, siblings, and grandparents also to file the claim. But here’s something! What if the person is suffering from some chronic disease and suddenly in the workplace, the person passes away? Well, after reading this, there would be an obvious question awakening in your mind, i.e., can you now claim? And, the answer to this is it depends upon the circumstances. For instance, before going to the office, does the person has consumed something poisonous, and many more. Therefore, a person should also opt for a life insurance policy that covers chronic diseases, for instance, a person bearing HIV, or any other severe disease. But here's something! Getting life insurance as a person with a chronic illness isn't impossible, but it's not easy. This is an option available to people seeking life insurance- you either can apply through the company directly or go through an insurance broker who specialises in high-risk life insurance.
What types of lawsuits can you file?
There are two types of wrongful death lawsuits that you can file with your Indianapolis lawyer. There is wrongful death action and survivor action. Let us look at these two in detail:
Wrongful death action
This type of claim seeks compensation for the harm that the loved ones incur as a result of the deceased victim. A practice like this Scranton Law firm specialises in wrongful death claims, and this can include loss of quality of life due to loss of financial support from the deceased and loss of emotional support and love from the deceased. Also, it covers medical bills and funeral expenses. There are facts that you need to prove for compensation for wrongful death which include:
- The deceased died due to negligence by the employer
- The deceased was a very close member of your family
- As family members, there are losses that you incurred as a result of the victim’s death
Survivor Action
This claim is filed to seek compensation for the harm, pain, and suffering that the deceased suffered as a result of an accident in their workplace. Survivor’s action claim is based on the assumption if the victim could have been alive, they could have sought compensation. The fact that they are dead should not hinder their right to compensation for the workplace injuries suffered. However, before you make a survivor action claim; you need to prove certain things
- That the accident that occurred was the employer’s fault.
- The negligence that resulted in the accident caused suffering and pain to the victim.
- Could the survivor have survived, then they could have filed compensation for the same.
Final Thoughts
You can file wrongful death lawsuits if your loved ones lose their lives in the line of duty due to their employers’ negligence. Gather all the necessary evidence to ascertain that the victim’s suffering and death and the loss to the family are a result of that negligence. Do not hesitate to seek professional guidance from a wrongful death attorney to help fight for your rights!
