Losing your spouse in a workplace accident is an emotional and tragic experience. When you lose your spouse unexpectedly, not only are you faced with coping with the emotional and psychological issues that often come with the loss of a life partner, but, if you have children, you may also be concerned about providing for them, along with paying your mortgage and maintaining your quality of life.
If your spouse was killed in a workplace accident that was a result of someone else’s negligence, including his/her employer’s, you may be able to file a wrongful death claim. While the employer and the employer’s attorney may tell you otherwise, workers’ compensation laws do not prohibit a spouse from filing a third-party wrongful death action against another liable party.
When Is a Wrongful Death Action Permitted Following a Workplace Accident?
If a third party other than the deceased’s employer was to blame for the workplace acciden
t, including a car or auto accident, and death of your spouse, then you may file a wrongful death action against this party.
In California, a person with standing can bring a wrongful death action any time a death is caused by the wrongful act, negligence, default, or breach of contract of another. Examples of potentially liable parties in a wrongful death action following a workplace accident include:
- The manufacturer of a dangerous/defective piece of machinery that caused the accident;
- A third-party contractor or employee from another company;
- The owner of a property where the accident occurred; or
- Any other third party whose negligence caused the accident.
This list is not exhaustive. Discuss your potential case with an experienced wrongful death attorney.
What Damages Can I Recover in a Wrongful Death Lawsuit?
- If your loved one is killed in a wrongful death accident, you may be able to recover financial compensation for your loss. These damages can include:
- funeral and burial expenses
- medical and hospital bills for the deceased person’s final illness or injury, and
- lost income, including potential income the deceased person would reasonably have been expected to earn in the future had he or she lived
- the value of household services
- loss of anticipated financial support, and
- loss of love, community, attention, affection, moral support, and guidance.
Contact Our Wrongful Death Lawyers Today
At Ghozland Law Firm, we understand that dealing with a loved one’s loss, especially at the hands of another, can be a traumatic and devastating experience. Our skilled wrongful death attorneys will walk you through the process, ensuring that you receive the care, attention, and financial compensation owed to you. For a free consultation, contact Ghozland Law firm today. Se habla espanol.