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Can a workplace fatality qualify as a wrongful death case?



Wrongful deaths are sudden, unexpected and is devastating to family and loved ones. Wrongful deaths can occur in a multitude of ways like vehicle accidents, workplace accidents, defective products, slip and falls and many more. If you have experienced the wrongful death of a loved one, you should think about making a wrongful death claim for those who are at fault.

What is “Wrongful Death”
To answer the question of “can a workplace fatality qualify as a wrongful death case?” we first need to define what wrongful death is. Wrongful death is defined as one that can be caused by the wrongful act, omission, or negligence of another. This means that a company or individual alike, can be liable for a wrongful death if their negligence caused the fatality.

We also need to discuss who can claim or file a wrongful death case in the even their loved one died in a workplace accident. These can be family members; spouse, parents, brothers, or sisters, or any other immediate relative who was affected by the fatality. Though, family members can not file on the deceased behalf or their own. A wrongful death case can be brought by the personal representative of the deceased persons estate.

Construction and Other Workplace Accidents
Unfortunately, workplace accidents are a very common occurrence and can lead to serious injury or death. Especially if the workplace is in an industry such as construction or other types of manufacturing that has dangerous work environments. If a workplace accident is caused by someone else’s negligence in these types of environments, the negligent party can be held liable for the wrongful death. A few of the typical situations where this may happen are:

• Failure to have proper fall protections
• Failure to adhere to general scaffolding or ladder safety standards
• Insufficient safety training for workers
• Defective equipment
• Poor safety precautions, failure to provide proper personal protective equipment
• Fires and explosions
• Exposure to toxic substances.

If the result of a loved one’s wrongful death happened because these instances caused by another’s negligence, reach out to a wrongful death lawyer today to see how they can help.

Even slip & fall injuries at the workplace can put others at fault for negligence. The property owner or company should make sure the work site is up to safety codes as to keep their workers safe. If they fail to do so, they could be a fault for a wrongful death claim. Common causes for slip and fall accidents not only at the workplace but also on any other property could include:

• Debris or liquids on floors
• Uneven or defective or unrepaired floors
• Broken staircases and railings
• Insufficient lighting.

What Damages can a Wrongful Death Lawyer Get for You and Your Loved One’s?
Many other State’s focus on what they call “compensatory damages” in a case involving wrongful death. This is where the money that is paid to the loved one of the deceased is to cover the costs of the funeral, medical expenses, loss of wages for the deceased and lastly, non-economic losses such as pain and suffering or loss of consortium. For Alabama, the State’s wrongful death law focuses on what the defendant did wrong to cause the fatality. The awards or compensation that can be given are what they call “punitive damages”. Punitive damages were created for 2 different purposes, these are:

1. To punish the defendant that caused the wrongful death by their negligence.
2. And, to deter similar negligent action sin the future by other parties.

The reason the State of Alabama seeks punitive damages is because they want to deter others from conducting these same types of actions in the future. This will discourage reckless or careless behavior by the parties involved in hopes that a wrongful death does not occur again. When a wrongful death lawyer when punitive damage awards the money is paid directly to the heirs of the deceased loved one, and unlike in other states, the award is not made part of the estate.

Now that we have looked at the facts, we can determine that the answer to the question, “can a workplace fatality qualify as a wrongful death case?” The answer would be yes, if the fatality was caused by an individual or company’s negligence. If you have lost a loved one in a workplace accident, contact a wrongful death attorney today.










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