Wrongful Death Lawyer
When a worker dies due to the negligent or intentional actions of another party, the incident may be classified as a wrongful death.
No amount of money can make up for the loss of a loved one, but a wrongful death attorney can fight for full and fair compensation.
Learn how attorney Gilbert E. Fisher helps families in Fresno and Salinas, CA, with their wrongful death claims...
Additional Causes of Fatal Workplace Injuries
In addition to OSHA's Fatal Four in the construction industry, other causes of fatal on-the-job injuries include:
- Car and vehicle accidents
- Exposure to toxic substances
- Fires and explosions
- Acts of violence
Workers' Compensation vs. Wrongful Death Claim
Workers' Comp Death Benefits
Death benefits are given to the family members of a person who is killed in a workplace accident. The California Department of Industrial Relations determines the amount awarded, with caps of $250,000 for one dependent, $290,000 for two dependents, and $320,000 for three or more dependents. If you collect death benefits, you will not be able to file a lawsuit against your deceased loved one's employer, even if the employer's negligence contributed to your loved one's death.
Wrongful Death Lawsuit
Surviving family members may file a lawsuit against the deceased loved one's employer. In order to collect compensation in a wrongful death case, it must be proven that the employer's negligence contributed to the fatal accident, and that the surviving family members suffered harm as a result of their loved one's death. It can take months or years to litigate a case, and the outcomes are not guaranteed, but damages and settlements will be greater than amounts received through death benefits.
Statute of Limitations Filing Your Wrongful Death Claim
For workers' comp death benefits, a claim must be filed within one year of the date of a loved one's death. If you want to pursue a wrongful death lawsuit, it must be filed within two years of the date of your loved one's death. In either case, it's imperative to contact our Fresno or Salinas law offices as soon as possible to speak with someone well-versed in wrongful death law.
Schedule a Free Consultation Speak with a Wrongful Death Attorney Who Cares
If you've lost a loved one as a result of another party's negligence, it's crucial that you speak with a wrongful death lawyer about what happened. Mr. Fisher can review the circumstances of your loved one's death and determine if you have a case worth pursuing.
Mr. Fisher has been in practice for more than two decades, and is extremely knowledgeable about work-related injuries. He also understands these cases from the perspective of insurance companies and workers, which provides unique insight into seeking death benefits and filing wrongful death cases.
If you live in the Fresno or Salinas areas and want to learn more about filing a wrongful death claim, we encourage you to contact our law firm online or call our law offices at:
"Very professional" A Trusted Wrongful Death Lawyer Serving Fresno and Salinas
Legal Damages in Wrongful Death Cases
Compensatory damages cover the material losses associated with the wrongful death of a loved one. This includes funeral expenses, medical care receive prior to their death, grief counseling services, and loss of household earnings.
Punitive damages for a love one's wrongful death are intended to punish the negligent party. These kinds if legal rewards are related to the egregious nature of the wrongful death rather than any sort of material or financial loss.
Loss of Consortium
These non-economic damages cover a spouse or domestic partner's loss of companionship, intimacy, care, and society following a wrongful death. This is separate from the loss of a loved one's financial or material support.
Not all wrongful death cases will proceed to trial. The vast majority of civil lawsuits are settled out of court. This allows surviving family members to receive compensation for their loved one's death without the need for an expensive, lengthy, and public legal battle. The teams at our Fresno and Salinas law offices can help negotiate a fair settlement, and will let you know if it's still worth taking your wrongful death lawsuit all the way to court.
A Client's Testimonial
"I really can't express how great of an attorney Mr. Fisher is. From day one, I felt like they were there for me and fought hard for my case. I called them one day and the next day they were able to get me in. I met with Mr. Fisher on the day of my consultation (free). I was not passed from one person to the other. The staff was super professional and friendly. They were in contact with me throughout my case, reminding me of appointments and important meetings."
"I've heard of horrible experiences of people with other attorneys, and all I can say is that I was truly blessed. Thank you, Mr. Fisher, and his amazing team for all you did for me and my family. Forever grateful!!" Karen Mavrikis - 5 Star Google Review - 2020