Wrongful Death Claims Can Take A Long Time
Data from the CDC revealed more than 167,000 deaths in the United States in 2018 due to injuries sustained in accidents. While firm numbers are not available, experts in the legal profession believe a significant proportion of these fatalities occurred in the country’s workplaces during the course of the individual’s employment. The numbers are not clear as classifying a death that happened in the workplace is complicated and litigation of such claims can take a long time. However, for families who lost loved ones due to workplace negligence one thing is certain. Justice must be served.
The Heartache of Losing a Loved One
Experienced wrongful death lawyers deal with loss and heartache every day. They know better than most how tragedies such as workplace accidents can take their toll on those who are left behind. This becomes especially painful if the case drags on unresolved and often, family members in this kind of situation take longer to go through the five stages of grief than others. To minimize the pain, it is vital to have professional and trustworthy legal support from the outset.
Many American workers find themselves in a position where they cannot sue for workplace injuries due to the provisions of workers comp insurance policies. However, when somebody dies in the workplace, the bereaved family can file a wrongful death lawsuit. To do this, family members must be able to prove that the death of their loved one was a result of negligence on the part of the company and that they suffered in terms of their household’s earning capacity or they experienced intangible losses as a result of their bereavement.
Lawyers say that it usually takes months or even years to litigate a wrongful death claim. However, it is possible to reach a resolution quickly if both parties are pragmatic. To get the best possible outcome, knowledge is everything and the lawyer will need to conduct a thorough investigation of the events leading up to the tragedy. Often, the police gather evidence at the scene of the accident, and if the evidence provides clear indications of liability, the investigation and even the case itself can move faster. Another factor that can delay or lengthen the process is attempting to quantify the damages. This usually includes getting the help of a vocational expert, who will calculate the projected income of the deceased had he or she reached retirement age.
Insurance Firm Tactics
Many wrongful death suits are settled out of court, either due to obvious liability or because the suit is classified as a small claim. The opposite can also be the case, and insurance companies will not be afraid to delay proceedings with the hope that the bereaved will simply give up. According to experts, this usually happens when the company or the insurance firm has some form of bargaining chip. It can also be due to substantial damages being sought. Delaying the case can wear the family down and might increase the chances of them accepting a lower settlement offer.
If you recently lost a loved one because of an accident in his or her workplace, the most important thing to do is to get legal advice immediately. The pain of bereavement is undeniably difficult to bear but it is imperative that justice is served, both for what happened to your loved one and for those left to pick up the pieces.