Every day, people go to work to earn a living and provide for themselves or their family. However, some people in dangerous jobs go to work every day risking their lives. If your loved one was killed while on the job, you may be able to file a wrongful death lawsuit and recover compensation for his or her death. While no amount of money can bring back your loved one or ease the pain of their absence, compensation can alleviate some of the financial pain which your loved one's passing has caused.
If you are suffering after a loved one's death while on the job, an experienced team of attorneys can help you seek the compensation you deserve to begin to provide the financial stability your loved one provided and move forward with your life. The team of personal injury attorneys at Schauermann Thayer in Vancouver, Washington are here to help you fight for justice after your loved one's death.
Construction Accidents: A Dangerous Job
Construction workers face a heightened risk of death on the job, and put their lives at risk almost every time they are on the job. According to OSHA, construction accidents account for more than 20% of all job-related deaths, accounting for more worker fatalities than any other job. This is due to the extremely dangerous conditions which construction workers are subjected to on a daily basis. Such risks may include the following.
- Falling from scaffolding or buildings
- Being struck by a falling object
- Being crushed in between machinery
- Trapped under a collapsed structure
- Inhaling toxic fumes and handling dangerous chemicals
These injuries can be life-threatening or, in many instances, deadly. If your loved one has died in a construction accident, then you may be eligible to receive compensation for his or her death to help alleviate some of the financial burdens you may be facing due to the loss of income from your loved one.
When Should I File a Lawsuit?
If you are grieving the death of a loved one who was killed on the job, then a lawsuit is probably the last thing on your mind. While no amount of money gained from a successful lawsuit can bring back a loved one, damages received from a wrongful death lawsuit can bring justice to your loved one's death.
Although you may not want to think about filing a lawsuit directly after your loved one's passing, it may be important to file a wrongful death lawsuit shortly after the death has occurred, as the time to file such a suit is not unlimited. An attorney will be able to discuss relevant statutes of limitations which apply to your case.
Statutes of limitations are time constraints which put a limit on filing a lawsuit for wrongful death, and statutes of limitations can vary from state to state. Filing a lawsuit after the statute of limitations has run will likely result in your case being thrown out, leaving you without any legal recourse for your loved one's death.
Who to Hold Responsible?
In Washington and Oregon, a worker generally cannot recover damages against an employer or coworker for unintentional injuries which were sustained on the job. The reasoning behind this law is that worker's compensation benefits are supposed to provide compensation to the loved ones of a worker who was killed on the job.
However, there are some instances where your loved one's employer can be held responsible for the death. Simple negligence by an employer may not be enough to win a wrongful death lawsuit, but willfulness or recklessness by an employer may bring rise to a cause of action for wrongful death.
In some instances, you may be able to file a wrongful death lawsuit against a person or entity who is not your loved one's employer. If your loved one died due to faulty scaffolding, for example, you may be able to file a claim against the company who manufactured the defective scaffolding.
Determining who is at fault in a wrongful death case can be very complicated. A skilled attorney can be critical to help you obtain a successful outcome. Experienced wrongful death lawyers also understand how to nail down who may be responsible for your loved one's death and determine who has potential liability for damages.
Why Do I Need an Attorney to Help Me with My Case?
Bringing an experienced attorney into the mix will greatly improve your chances at a successful case. Wrongful death cases can become very complicated and knowledge of personal injury law and employment regulations is critical. An attorney can also take the weight of a case off your shoulders and keep you from spending valuable time and energy fighting a case without a grasp of the law. Our attorneys work tirelessly to provide competent legal representation and earn compensation which is both fair and deserved.
Was Your Loved One Killed on the Job in Oregon or Washington? We Can Help.
If you have lost a loved one due to an accident at work and are seeking justice for your loss in Washington or Oregon, you deserve to have a team of qualified attorneys fighting on your side every step of the way. Our team is dedicated to fighting for the compensation you deserve for the loss which wasn't deserved. Let the attorneys at Schauermann Thayer take the weight off your shoulders and fight for justice for the loss of your loved one. To speak with an attorney about your loved one's death today, fill out an online case evaluation form or call (360) 695-4244.