The State of California houses some of the hardest working people; people who dedicate their lives day in and day out to provide for their families and put food on their tables. In spite of technology advancements and the enforcement of workplace safety by agencies like OSHA, there are countless industries across the state that present hazards for these workers on a daily basis. While a majority of workers understand the degree of caution their job industry requires, many workers still experience catastrophic injuries while on the job. Regrettably, many of these catastrophic injuries result in the worker’s demise. With the pain and suffering families endure resulting from the untimely demise of their loved one; many families also have to face the possibility that the death of their loved one could have been prevented.
Trapped By Heavy Industrial Machinery
On February 11th, 2019, a 60 year-old individual conducting maintenance on a machine was killed when the machine closed, trapping him inside of it. According to preliminary reports, it is unknown if the individual who turned on the metal cutting machine did so by accident or if he or she did so with bad intentions. The City of Gardena Prosecutor’s Office is said to be investigating the case along with California’s Division of Occupational Safety and Health (Cal/OSHA).
Accidents involving heavy machinery and other dangerous work equipment almost always result in a catastrophic injury. Other cases result in the untimely death of the victim. When an individual passes away as a result of negligence, the victim’s surviving family and loved ones reserve the legal right to pursue a wrongful death claim against the wrongdoer. Depending on the facts of the case, the identified defendant can vary.
Filing a Wrongful Death Lawsuit
Under California’s Code of Civil Procedure §377.60, families are able to claim monetary damages when a loved one has passed away as a result of another’s wrongful act. By filing a wrongful death lawsuit, a family can cover the following:
- Funeral expenses,
- Burial costs,
- Amount the deceased person would have received as income, and/or
- Restitution for the loss of the victim’s support and companionship
Under the same code, the following individuals have the ability to file a wrongful death lawsuit:
- Spouse of the victim,
- Domestic partners of the victim,
- Children,
- If the victim’s children are deceased, grandchildren of the victim,
- Other underage children who were dependent on the victim for a minimum of 50% of their economic needs, or
- Any other person who is entitled to the victim’s property per California law
Obtain the Legal Support of an Experienced Attorney
If you have suffered the sudden loss of a loved one because of the careless act or inaction of another person or party, consider seeking the legal representation of a lawyer who can assist you in filing a wrongful death lawsuit. When a person works diligently in his or her profession, workplace accidents should not happen. When they do, legal action must be taken to hold the responsible parties accountable. Consider seeking legal support shortly after the incident has occurred.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are dedicated to helping families who have suffered grievances resulting from the untimely death of a loved one caused by another’s negligence. Filing a wrongful death lawsuit in California is time restricted; obtain professional legal support at your earliest convenience.
