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Do I Need a Workplace Wrongful Death Lawyer?

Posted by Emily Ruby | Jul 14, 2022 | 0 Comments

do i need a wrongful death lawyer

Losing a loved one in a work-related accident is a horrible tragedy. In addition to the grief and emotional toll such a traumatic event takes on a family, a workplace death also leaves loved ones with financial stress that stems from losing a primary wage earner or breadwinner. While no amount of money or compensation can bring back a loved one, compensation from a wrongful death lawsuit could help families regain some sense of financial security.

In such situations, pursuing a wrongful death case or hiring a lawyer may be the farthest from your mind. The experienced wrongful death attorneys at Greenberg & Ruby have helped workers' families secure fair and full compensation in these heartbreaking situations. We understand that workers' compensation death benefits are woefully inadequate when helping families cope with such a tremendous loss.

Why Choose Greenberg & Ruby?

At Greenberg and Ruby Injury Attorneys, APC, our work injury lawyers have dedicated their lives to pursuing justice and fair compensation for those who have been injured or have lost loved ones due to the negligence of others.  Our law firm specializes in personal injury and work injury cases. We have secured millions of dollars in compensation for injured workers and families that have tragically lost loved ones in workplace accidents.

We understand the significant emotional and financial stress you are under during tis difficult time. That is why we offer representation for workplace wrongful death claims on a contingency fee basis. This means we don't charge any upfront fees or costs unless we win compensation for you.

Do You Need a Wrongful Death Lawyer?

If you have lost a loved one in a workplace accident caused by someone else's negligence, recklessness or wrongdoing, you may be wondering if you actually need a wrongful death lawyer to represent your interests. When you retain our law firm, you don't have to worry about paperwork or filing deadlines. We will take care of all that for you. We understand that you need this time to grieve and care for your family. Our attorneys will do the legwork and paperwork on your behalf so you can focus on healing.

A knowledgeable wrongful death lawyer can also help you avoid the mistakes that could jeopardize your ability to seek compensation. We will also handle defense attorneys and insurance companies that could make your life even more difficult.

What Compensation Can You Receive?

It is important to note that a majority of workplace deaths result from one or more parties' negligence or wrongdoing. If you have reason to believe that your loved one's death was caused by such negligence on the part of a third party (other than an employer), you may have grounds to file a wrongful death lawsuit in addition to seeking workers' compensation death benefits. If you have lost a primary wage earner, workers' comp benefits alone will not cover your tremendous losses. When you file a wrongful death lawsuit, in addition to medical and funeral expenses, you can seek compensation for the following losses:

  • Lost future income and benefits
  • Loss of consortium
  • Mental anguish
  • Pain and suffering
  • Lost inheritance
  • Loss of love, care and companionship

Workers' Comp Benefits Versus Wrongful Death Claim

One of the main advantages of filing for workers' comp death benefits is that there is no requirement to prove that someone's negligence contributed to your loved one's death. You can collect benefits by filing a claim. However, when you file a claim, you give up your right to sue your loved one's employer for damages. There is also no room to seek compensation for intangible losses such as loss of a life partner.

The main advantage in a wrongful death lawsuit is the potential for significant compensation including benefits for pain and suffering and even punitive damages, especially where the negligence or wrongdoing has been particularly egregious.

Choosing a Wrongful Death Lawyer

Here are some factors to consider when you are about to choose a wrongful death lawyer to represent you:

Experience: It is important that you retain a lawyer who has significant experience not just handling wrongful death cases, but such cases pertaining to workplace accidents. Ask the attorney or law firm if they've handled cases similar to yours.

Past results: The law firm's track record definitely matters. You should ask about the types of verdicts and settlements the law firm has secured most recently for clients. You may also be able to find this information on an attorney's website.

Practice focus: You want to pick a work injury lawyer who handles both workplace injury claims and personal injury claims. This way, your work injury lawyer can also evaluate your case to see if you have a third-party workers comp claim or personal injury claim.

Responsiveness: You need a lawyer who is quick to respond to your requests and take interest in answering your questions and addressing your concerns. In a time of great stress, you don't want to be waiting by the phone for your attorney to get back to you.

California Wrongful Death Lawyers

Under California law, the statute of limitations for wrongful death lawsuits is two years. If you fail to file a wrongful death lawsuit within that time, you may not be able to claim compensation. If you are bringing a wrongful death claim against a government agency, you must file a "notice of claim" with the entity within 180 days of the decedent's death.

The experienced Los Angeles wrongful death lawyers at Greenberg and Ruby can help you understand your rights and fight to secure maximum compensation for your losses. Call us at (323) 782-0535 to obtain more information about pursuing your legal rights.

About the Author

Emily Ruby

Attorney Emily Ruby specializes in complex cases, many of which involve catastrophic injuries and deaths. Mrs. Ruby has personally obtained more than $30 million in compensation, including numerous mid-seven figure settlements.

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