If your family is grieving the loss of loved one who perished in an industrial accident, a wrongful death lawyer can fight for your family.
Here are some steps you should take when working with a wrongful death lawyer.
The damages your wrongful death lawyer can seek depend on a number of factors. For instance, your relationship to the deceased party can determine how much your wrongful death lawyer can recover.
- Support: The more financial support someone provided in life, the more their loss is likely to impact you financially. Your wrongful death lawyer will build your case based on how much financial support the deceased party provided in life. Turning over W-2s, bank statements, accumulated shared debts, and other joint financial documents will be crucial.
- Multiple Claims: In some cases, multiple parties will file wrongful death claims for a deceased party. This can be particularly true in cases where the deceased party was paying alimony and/or child support. If you know that another party intends to file a wrongful death suit, timing can be a major factor. Once a deceased party's estate is divided and any impending lawsuits are litigated, you may no longer be able to collect damages.
Industrial accidents are often the result of several tragic mistakes. When your wrongful death lawyer files suit, they will attempt to exact maximum accountability.
- Employer: Your loved one's employer was responsible for providing a safe working environment. They typically bear the responsibility for the mistake(s) that led to your loved one's tragic death. Your wrongful death lawyer will attempt to connect their negligence to the accident that claimed your loved one's life. During this process, employment contracts, correspondences with the employer, and any other documents that related to your loved one's work history should handed over to your wrong death lawyer.
- Insurer: An employer's insurer often handles wrongful death cases. When negotiating with insurers, your wrongful death lawyer will attempt to prove that they could win if the case were to go to court. Your wrongful death lawyer will look for evidence from the incident and also other related accidents that might show a pattern of negligence.
- Manufacturers: If your loved one's death was partially caused by defective equipment, your wrongful death lawyer can file a lawsuit against the equipment's manufacturer. When filing against a manufacturer, your wrongful death lawyer will request discovery material pertaining to the purchasing and maintenance of the equipment. These types of requests can be tedious but can also prompt quick settlements.