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How one proves wrongful death after loved one’s work fatality?

On Behalf of | Nov 29, 2018 | Wrongful Death

Losing a loved one tops the list in terms of a person’s worst fears. Some unlucky family’s fears are confirmed when they get word that their loved one was killed in a fatal accident. How can these things possibly happen? If the fatality happened at work, it could have more to it than a simple work accident – there could be negligence involved.

If negligence contributed or caused a fatal workplace accident, more than workers’ compensation could be appropriate. To initiate a wrongful death suit, one will need to prove the following to get a favorable determination. First, the death of a human being must be caused by another’s negligence. Next, because of this loss, the surviving family members are suffering and will continue to suffer monetary hardship. Finally, there must also be a personal representative named for any damages awarded.

Since worker deaths are considered to be under the category of ‘deaths under a supervised activity’, the employer, another employee or potentially a 3rd party or equipment supplier could be liable. This list isn’t exhaustive either. Every industry is different and could have different influencers, equipment or third parties that could be related to a work accident fatality. It may not be immediately obvious what caused a loved one’s work death, but some investigation can help to bring those details to the surface.

Proving wrongful death in a loved one’s work death puts responsibility on the appropriate parties. It can help to ensure that nothing like this ever happens to another family. The family can also receive financial compensation for what they have lost. Being awarded damages can have a huge positive impact on the way forward after loss.