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Fresno Wrongful Death Attorney

Pursuing a Fresno wrongful death attorney

On-the-job wrongful death lawsuits attempt to compensate the losses suffered by members of the family and elderly relatives as a result of the untimely death of a deceased loved one. Even though there may never be adequate money to fully compensate for the influence this individual had on their dear ones, claiming in this manner can help with the financial burden of after-death care. A legal remedy might be available, particularly if the death was related to carelessness in the construction business, thus it will be worthwhile to explore this.

Of all workplace fatalities in 2014, accidents involving contractors made up 17% of all accidents. In the private sector, there were 4,251 worker fatalities in 2014. Of those, 874, or 20.5%, occurred in the construction business. To put problems in context, almost one in five employee fatalities occurred last year as a result of their employment in the construction industry. The Workplace Security and Wellbeing Authority divides the leading causes of mortality into further categories, referring to them as the fatal four, which include:

  • Falls: 349 of the 874 fatalities in architecture in 2014 (or 39.9%) were caused by falls.
  • 74 (8.5%) electrocution deaths
  • Object-struck: 73 (8.4%)
  • 12 (1.4%) were caught in/between

This lethal quartet accounts for 58.1% of the fatalities among construction workers in 2014.

Victim Survival versus Unlawful Unintentional Demise

Whenever a maintenance worker perishes due to an occupational injury, two distinct legal claims could surface: an unlawful death claim and/or a survivor action.

These two claims may both be asserted in the same case. The sort of post-employment compensation offered by the two varies.

Actions against Illegal Death an unlawful death claim is used to start claims. The deceased worker's family essentially argues as follows:

  • The employee had some very close family members;
  • The worker passed away as a result of the defendant's negligence.
  • The loss to the family members was an outcome of the death.
  • As a result, the party at fault for the death must make up for the damages suffered by the immediate family.

As a result, the family of the deceased person is not compensated for damages in an unlawful death action. Instead, the family members file a lawsuit to recover damages for the actual harm that the loss of a cherished one caused them. These harms may consist of:

  • The decline in living quality
  • Loss of financial support; and
  • Loss of affection and emotional support.

Victim Survival Actions can be started by submitting a survivor claim, and the worker's family essentially makes the following case:

  • The worker suffered agony and suffering before passing away as a result of the defendant's negligence, which is why the worker passed away.
  • The worker may have filed a lawsuit against the defendant and won damages for pain and suffering if they had lived.
  • Because the worker passed away, the defendant shouldn't be exempt from accountability for pain and suffering.

Therefore, the party liable for the worker's death should be required to compensate the estate of the deceased employee for pain and suffering.

The notion is that when someone is hurt, they have the right to sue, and that right shouldn't pass away with them. As a result, the lawsuit survives the defendant's passing. Therefore, the property of a deceased individual can recover the amount for the suffering and discomfort of an employee before the working person's demise.

Get in Touch with Our Team of Qualified Attorneys

After everything is said and done, the Occupational Safety and Health Authority might investigate any infractions they feel necessary, or the family may pursue a wrongful death and/or survivor claim. This tragedy is devastating for the neighborhood and the workers involved.

Call our firm to schedule complimentary legal assistance and our Fresno wrongful death attorneys will assist you.

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The amount of future loss of services and assistance from the time of termination and lowered to present value, as well as past loss of services and assistance first from the date of the decedent's disability to their demise, may be recovered by survivors. Additionally, the descendant who has paid for any funeral or medical costs associated with the decedent's death may be entitled to reimbursement. Using the decedent's likely net income and the comparable economic return of the decedent's services to the survivor, skilled lawyers, like those at our firm, use academics and auditors to help estimate the economic loss.

We are sorry if you lost family as a result of someone else's carelessness. Employ a skilled lawyer who can assist you in recovering compensation so that you can lament your loss without stressing over the price of losing a cherished one.

Contact our qualified team of Fresno wrongful death lawyers based at our Firm and you will get all the necessary assistance.

Instances to Contact Our Firm for Representation

People do pass away while working on occasion. Numerous industries see dozens of workplace accidents each year. While some of these mishaps result in worker injuries, others result in their demise.

You can be eligible for compensation if a loved one passes away while doing employment-related duties. Both filing a wrongful death claim and receiving compensation through workers' compensation insurance are options. In this article, we'll go through in great depth how you might receive compensation if a loved one passes away while employed by their business.

Recompense on Demise of a Cherished Person

You have two alternatives if a fatal accident is caused by the negligence of an organization or third parties and one of your loved ones perishes. Either file a wrongful demise claim or a workers' compensation claim.

Recompense for Workmen

You can get assistance paying for the funeral and other expenses related to your loved one's death by filing a workers' compensation claim against the company. The fundamental benefit of workers' replacement is that you can receive death payments without having to demonstrate that the employer's carelessness caused your loved one's passing.

Because workers' compensation insurance is a no-fault system, you can receive payments even if your employer wasn't at fault. You won't need to gather any proof to demonstrate the employer's negligence. You won't even need the assistance of an expert in this situation because you will easily get paid.

However, if you collect survivor benefits, you won't be able to pursue the irresponsible employer for further damages, which is one of the main drawbacks of worker's compensation. Additionally, death payments under worker's compensation do not make up for ethereal losses you suffer, such as a loss of companionship or emotional anguish.

Unlawful Unintended Demise Recompense Claims

Most wrongful death claims have been made when an employee dies as a result of:

  • Missteps, trips, and falls;
  • exposure to poisonous or harmful chemicals like asbestos;
  • transportation accidents;
  • explosions or fires; and
  • contact with dangerous equipment or materials. Employees could, for instance, be struck by an object or be crushed by large machinery.

You argue the following by bringing a wrongful death complaint against the employer:

  • Your loved one passed away as a result of the defendant's negligence;
  • Your loved one passed away as a result of the defendant's negligence;

As a result, the employer who caused your loved one's death should make up for your losses.

In some kind of a wrongful death lawsuit, you essentially file a lawsuit against the employer of your deceased loved one to recover damages for the damage that occurred as a result of that person's passing. The harms for which you might get payment include:

  • Expenses, both current and future;
  • The loss of affection and emotional support;
  • Expenses, both current and future;
  • The loss of affection and emotional support;

You must demonstrate in such a wrongful death suit that the employer's negligence was the cause of the death of your loved one. To support that, you'll need proof. Collecting the proof necessary to demonstrate the employer's negligence can be very challenging. You could not be permitted access to the workplace or to speak with other employees to gather proof from the company. As a result, you should enlist the aid of a knowledgeable wrongful death lawyer.

It's also critical to realize that not every wrongful death lawsuit against the insurer will result in a full payout. The problem is that some states' workers' compensation rules limit the compensation offered to families while protecting the business. However, in other states, when an employee passes away, the workers' compensation laws may not apply. You can bring a wrongful death suit in these states. If you can demonstrate your employer's negligence, they will have to pay you back for your losses.

In jurisdictions where initiating a wrongful death lawsuit won't result in full compensation, you should opt for workers' compensation. As an alternative, you ought to file a lawsuit against someone else who contributed to the death of your loved one. For instance, if your beloved one worked for a roofing firm and passed away whilst building on a roof, bringing a suit even against a roofing company may not be enough to fully compensate you. However, the roofing company may be employed by a project manager who is not covered by California's worker's compensation legislation. To get full recompense from the general contractor, you might launch a wrongful death action against them.

When you learn of the passing of a loved one at work, you won't be able to contain your feelings. You'll be going through a difficult period, so dealing with the business that caused your loved one's death won't be something you want to do. But at that point, you need to gather yourself and consider your options. To be able to lead a normal life without having to worry about money when your loved one passes away, you must get the benefits you are entitled to. As a result, you ought to bring a wrongful death lawsuit against the employer in question.

Why Contact our Firm?

To claim against the insurer of your deceased loved one, you need to work with a qualified wrongful death attorney. Your lawyer will walk you through the steps of making a California wrongful death claim and gather proof to support your case in court. You should think about claiming the death payments you are entitled to under workers' compensation if the employer is protected by the state's workers' compensation rules. They might not be sufficient, but occasionally they might be your only choice.

After the devastating loss of a loved one, a wrongful death counsel at our Firm can be a wonderful source of assistance for both you and your mourning family. Your lawyer will be able to make the best case feasible because they won't be emotionally invested in your case.

You are entitled to compensation if one of your dear ones perishes in an accident. To establish the other party's liability, you must conduct significant actions. You must first retain a wrongful death lawyer who can help you navigate the legal system. If you don't come from this background, you won't fully comprehend the process and it can be difficult for you to carry on the case by yourself.

The attorneys first conduct a thorough investigation of the case to identify the responsible party. Throughout the process, you must gather all the documents related to the death lawsuit so that the solicitors can review them. We are well versed with the claim.

Fresno wrongful death attorney near me

Our office is situated at 144 N Glendale Ave. Suite 250, Glendale, CA 91206, California. Our location notwithstanding, we represent clients throughout California and we will come to where you are should it be prudent to do so. Kindly also reach us at 818-423-4878 so that we can discuss everything relating to your case.

Free consultation

We offer a free consultation for all the wrongful death cases. During the free consultation, we shall address all your questions as well as concerns when it comes to wrongful death lawsuits.

Contact us today

Contact our ably qualified team of attorneys if you want to engage a qualified wrongful death lawyer to assist you in bringing a lawsuit against the company. Our numbers are available on our website and you can call or text in such instances.

Big Ben Lawyers - Fresno
1221 Van Ness Ave
Suite 307
Fresno, CA 93721
Phone: 559-354-6344

Client Testimonials

Ben is an excellent attorney and helped greatly with my personal injury case. Ben and his team were always there to answer any queries or concerns I had throughout the course of my case. I would recommend anyone in need of assistance to contact the firm.

Rating: 5/5 ⭐⭐⭐⭐⭐
Joseph Lawlor
May 2022

My wife and I had a very bad car accident in LA. Ben and his whole team were so friendly and helpful. They walked us through everything and kept us informed every step of the way. The experience working with them has been amazing and we will definitely use them again in the future.

Rating: 5/5 ⭐⭐⭐⭐⭐
Jon Romero
April 2022

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CALIFORNIA LOCATIONS

Glendale Office

144 N Glendale Ave.
Suite 250
Glendale, CA 91206

(818) 423-4878

Fresno Office

1221 Van Ness Ave
Suite 307
Fresno, CA 93721

(559) 354-6344

Ontario Office

3281 E. Guasti Rd
7th Floor
Ontario, CA 91761

(909) 235-5886

Riverside Office

11801 Pierce St.
Suite 200
Riverside CA 92505

(951) 561-2002

Sacramento Office

1015 2nd St
Second Floor, Suite B
Sacramento, CA 95814

(916) 860-7800

San Bernadino Office

473 E Carnegie Dr
Suite 200
San Bernardino, CA 92408

(909) 963-0750

Book your free consultation right now