Filing a Wrongful Death Claim for a Victim of a Workplace Accident

When an individual dies because of another party's negligence or recklessness, his or her close family members may file a wrongful death claim with the negligent party's insurance provider.

A wrongful death claim is a type of personal injury claim and in many ways, the compensation that the claimants receive is similar to the compensation that an injured victim would receive. As with other types of personal injury claims, individuals filing wrongful death claims must provide evidence to support their claims, which can include documentation of medical and funeral costs, as well as the official police report for the accident.

In California, the statute of limitations for wrongful death claims is two years from the date of the victim's death. Once these two years pass, his or her close relatives are no longer entitled to file a claim and seek monetary compensation for the costs associated with the victim's death.

In California, the following individuals may file a wrongful death claim:

• The victim's spouse;
• The victim's children;
• The victim's domestic partner; and
• Any other individuals who can prove that they were financially dependent upon the victim, such as his or her elderly parent or stepchild, or an individual who can prove that he or she is entitled to the victim's assets through intestate succession, the lack of a valid will.

The compensation from a successful wrongful death claim may be used to cover expenses related to the victim's death, such as his or her medical and funeral expenses, as well as his or her contribution to his or her household and projected lifetime earnings. In some cases, claimants may also seek compensation for non-monetary damages, such as the loss of the victim's guidance and companionship.

The damages that an individual is entitled to seek following a victim's death can depend on that individual's relationship to the victim. For example, only close family members such as spouses and minor children can generally seek compensation for the loss of the victim's emotional support and household financial contributions. Those who may be entitled to receive part of the victim's estate may seek compensation for any estate-related losses, such as the loss of the victim's potential income and funeral costs.

If you lost a loved one due to a workplace accident, you may have grounds to file a wrongful death claim. Contact our team of experienced San Jose workplace accident attorneys at Corsiglia, McMahon, & Allard, L.L.P. to learn more about wrongful death claims and how yours can potentially be resolved. Our firm serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. Do not wait to begin working with a member of our firm to determine if you have a valid wrongful death claim and if so, to begin the claim process. Be proactive and contact us today.