Workplace 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 accidents and vehicle accidents
- Exposure to toxic substances
- Fires and explosions
- Acts of violence
*According to the Occupational Safety & Health Administration (OSHA)
Wrongful Death Cases
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 one year 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: (559) 447-1210
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It Is Critical to Speak With an Attorney Additional Insight Into the Causes of Death
An individual's death does not have to be 100% caused at the workplace for their family to receive benefits. Mr. Fisher can explore if your loved one's death was in any way related to their work environment.
Below is a hypothetical example that illustrates this possibility.
Contributing Factors at the Workplace
An individual who smokes cigarettes passes away due to lung cancer. Their family initially believes that their smoking habit was the sole cause of death. A loved one who knows that the deceased worked in a factory with a toxic environment reaches out to Mr. Fisher.
In a scenario like this. Mr. Fisher can prove that the inhalation of dangerous chemicals at the factory contributed to a worker's lung cancer and subsequent passing. By doing so, the family can collect workplace death benefits due to their loved one's prolonged toxic chemical exposure.
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.
Unintentional Injury Deaths Are Tragically Common
Unintentional Injury Deaths Worsened in 2020
Unintentional injury ranked as the 4th most common cause of death in America. The category of unintentional injury includes car accidents and falls, both of which can occur at work. Mr. Fisher is a wrongful death lawyer who understands how to determine responsibility for your injury and build a strong case.
Using Faulty Equipment Can Be Fatal Holding Designers and Manufacturers Accountable
Identifying the cause of your loved one's death is crucial when pursuing a wrongful death lawsuit. Mr. Fisher has a proven record in proving the causes of employee deaths.
One key avenue he can explore is whether or not faulty equipment or a defective product was involved.
Farming, factory work, and heavy industry all involve the use of complex machinery. Defective equipment may make the manufacturer liable for your loved one's passing. This is the case if there was negligence or misconduct in the design, manufacturing, or marketing of the equipment that was used during the fatal incident.
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
Why Our Law Firm Should Work for You Crucial Help in Wrongful Death Lawsuits
A Lawyer in Practice Since 2000Mr. Fisher has been in practice for more than 20 years. He's focused on work injury and workers' compensation law since 2014. Mr. Fisher has also worked on the insurance company side of workers' comp claims, giving him unique insight into the field.
We Offer Free ConsultationsMany people are hesitant to contact a wrongful death lawyer because of the initial cost. Our law firm offers free consultations, allowing you to speak with a knowledgeable wrongful death attorney about your tragedy without any financial pressure.
We Take Cases on a Contingency Fee BasisWe work on a contingency fee basis, eliminating the financial strain of working with a wrongful death lawyer. This means that our law firm does not get paid until you receive a fair settlement or you are awarded legal damages in a successful wrongful death trial.
A Small Practice That Focuses on YouWhen you come to our Fresno or Salinas office with your wrongful death claim, you will not be ignored. Our legal team will give you our full attention. This focus and individualized counsel is something that attorneys are unable to provide at larger firms.
Personal Connection to Workplace CasesMr. Fisher's father died due to a work-related injury. He understands what families go through. The compassionate legal counsel he provides will guide you through the intricacies of California's wrongful death laws as well as the day-to-day realties of losing someone you love.
Simplify Your Wrongful Death Case WITH OUR FRESNO WRONGFUL DEATH ATTORNEY
When grieving over the loss of a loved one, filing a wrongful death claim may be the last thing on your mind. Our wrongful death lawyer can handle your case from start to finish so you can focus on more important things like honoring your loved one and caring for your family in a difficult time.
Navigating the law can be difficult, but attorney Gilbert Fisher can help you through your wrongful death lawsuit. If your loved one has died due to a workplace incident like a car accident or a slip and fall incident, the responsible parties should be held accountable. Contact one of our offices in Fresno or Salinas, CA, to improve your chances of receiving the compensation you may be entitled to:
"God bless always to Mr Fisher" More Thanks For Our Wrongful Death & Personal Injury Lawyer
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Who Can File a Wrongful Death Claim in California?
Only certain people may file a wrongful death claim in California:
- The surviving spouse or domestic partner
- The surviving children
- The surviving grandchildren
If there are no surviving people in the deceased person's line of descent, anyone who would be entitled to property can file a wrongful death lawsuit, like parents, siblings, or anyone who was financially dependent on the deceased party.
Our lawyer serving the residents of Fresno, Salinas, and beyond can help you determine if you are eligible to seek compensation after your loved one's death in a workplace accident.
Understanding Wrongful Death and Personal Injury Lawsuits
Though wrongful death lawsuits fall under the category of personal injury, they refer specifically to accidents that caused fatal injuries. If your loved one survived a workplace accident, you may still be able to receive compensation through a personal injury lawsuit.
In catastrophic but non-fatal accidents, a personal injury lawsuit can be brought against anyone who is responsible for an injury. In these legal claims, a personal injury lawyer must establish that:
- A person or party's negligence led to the workplace injury
- The workplace injury resulted in the loss of earnings
Heat Stroke Is a Workplace Risk Here
Fresno is the largest city in California's Central Valley. The Central Valley produces 25% of America's food. With more than 250 crops grown here, our workers play a key role in feeding the nation. Our agricultural laborers reward others with their hard work while facing personal risk from our state's extreme heat.
Heat stroke caused by working in unsafe conditions can be grounds for a wrongful death lawsuit. Hundreds of American workers have passed away from environmental heat exposure over the past decade. California has suffered from more of these heat-related workplace deaths than almost any other state.
California's Heat Protections
Unlike most states, California has created its own standard for heat safety at work. This standard was implemented after a pregnant 17-year-old worker passed away due to heat exposure while pruning grapes. It was later expanded after the United Farm Workers sued California's version of OSHA.
California employers are required to prepare their employees for extreme heat threats, and meet thresholds of water, shade, first-aid, and more. Additionally, companies must prepare for extreme heat on days that will be over 95 degrees Fahrenheit. Attorney Fisher can determine if a failure to protect employees from heat stroke caused a wrongful death and fight for compensation from the responsible party.
Attorney Gilbert E. Fisher Can Meet You at Home
The loss of a loved is devastating. Some people feel that pursuing a wrongful death lawsuit would only add more stress to their situation. However, not seeking the compensation you deserve allows the negligent party to get away with causing your loved one's death, and denies you and your family the money you deserve to help rebuild your lives.
Attorney Gilbert E. Fisher is compassionate throughout all handling of wrongful death claims. One of the ways he demonstrates his commitment to his clients is by meeting them at their home if needed. Call (559) 447-1210 or write to us today to request your free consultation with our Fresno wrongful death lawyer.
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Our State Also Has Strict Reporting Laws That May Work to Your Benefit
In January of 2020, California enacted new workplace death and injury reporting laws. These state that an employer must report a workplace death within eight hours of finding out about it. The employer must include key information about the incident. Any police or firemen who respond must also file a report about the death.
These reports can be key for helping you obtain deserved compensation. They may become especially important if your claim is denied or if you pursue a wrongful death lawsuit. Mr. Fisher can analyze the reports for critical evidence. He can also draw on his extensive workplace knowledge to look for any inconsistencies between what was initially reported compared to what an employer is currently claiming.