How to Sue an Employer for Wrongful Death

How to Sue an Employer for Wrongful Death

According to OSHA, an estimated 100 employees die on the job each week. However, only a portion of these is considered wrongful deaths, and only a smaller portion of these result in a wrongful death claim.

What are your rights when a loved one has died due to a wrongful death while working? Can you sue an employer for that loss?

Proving wrongful death isn’t always easy. Suing an employer, especially one that represents a large company, is especially difficult. However, it isn’t impossible and when you have a wrongful death case on your hands, it’s worth pursuing.

Wondering where to start? Read on to learn more about how to file a wrongful death lawsuit against an employer.

Hire a Wrongful Death Lawyer

The first thing you’re going to want to do is to hire the best wrongful death lawyer in your area. It is never advisable to try to fight a wrongful death lawsuit on your own. Why is this the case?

Wrongful death is not always cut and dry. Proving the facts of your claim takes time, effort, evidence gathering, and experience.

Plus, your loved one’s employer will almost definitely be armed with skilled lawyers of their own. Any time the defense has legal representation, it’s only wise to get the legal representation of your own.

Establish the Facts

Once you have a lawyer in your corner, it’s time to start establishing the facts of your claim. In order to prove wrongful death, you will need to be able to demonstrate the following:

  1. That the employer failed to provide reasonable care, typically by way of neglecting safety measures or protocol.
  2. That your loved one died as the result of this negligence, whether on the scene or later as a result of injuries or illness.
  3. That the loss of your loved one has resulted in monetary damages to you and other people who depended on your loved one.

It is crucial that you can establish all three of these things. Without them, you will not have a strong enough claim to receive the compensation you deserve.

File Your Claim

The final step is to file your wrongful death lawsuit with the employer. Allow your lawyer to handle this process.

Remember, don’t take any of these steps without hiring a lawyer, first. Most lawyers prefer to take a case from the very beginning to ensure that you’ve had the best guidance and representation the entire time.

Sue an Employer With Legal Representation

If you lost a loved one to wrongful death resulting from work, you’re probably wondering how to sue an employer. While wrongful death claims are hard to demonstrate and win, they aren’t impossible. Make sure that you’re always working with the best legal representation near you to get the compensation you deserve.

Looking for more information about legal processes? Are you considering going into law, yourself? Take a look around for guides and news that will assist your research.

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