Santa Clara Work-Related Death Lawyer

Santa Clara Work-Related Death Attorney

Few incidents in your life are as overwhelming as dealing with the wrongful death of a loved one. Important decision-making can often be clouded by feelings of grief and confusion, and you may not know what to do next. When you lose a loved one, particularly because of someone else’s negligence, it’s normal to desire justice. A work-related death is no different. Your pursuit of death benefits may require the assistance of a Santa Clara work-related death lawyer.

The legal team at Wiesner English, P.C. has helped many families get the death benefits they were rightly owed following a loved one’s work-related death. Having a knowledgeable workers’ compensation attorney by your side can make all the difference as you navigate your case and mourn your loved one’s passing. Your lawyer can take control of your case while you focus on taking care of yourself and your family during this trying time.

Work-Related Death in California

Santa Clara, a city of 131,062 people and with 71.7% of residents who are employed, is, unfortunately, no stranger to work-related accidents. There were 439 fatal work injuries in California in 2023 and 5,283 nationwide.

Every employer in California is legally required to carry workers’ compensation benefits. Additionally, they are required to provide death benefits to the families of employees who have lost their lives due to a work-related accident. Maneuvering through the legal system while grieving a loss is not an easy task, and a skilled attorney can prove invaluable as you fight to secure your death benefits.

Pursuing death benefits is not the same as pursuing a wrongful death claim. Death benefits are a fixed value offered by your loved one’s employer as a part of their workers’ compensation package. They exist to provide financial support to dependents after a work-related death. Unlike a wrongful death claim, they don’t require proving negligence or fault, making them a more straightforward option for immediate relief.

If you believe a negligent party is responsible for your loved one’s death, you can seek justice in civil court through a wrongful death claim to hold them accountable. For this to succeed, you would need to prove someone was at fault for the death in question. Keep in mind that negligence is not always present in work-related deaths.

Civil cases will be heard at either the Downtown Superior Court located at 191 North First Street in San Jose or at the Old Courthouse located at 161 North First Street in San Jose.

Receiving death benefits for a family member’s work-related death does not necessarily bar you from pursuing an additional wrongful death claim. However, those benefits may limit the damages you’re able to recover in a civil case. In other words, you might not receive as much as you would have received if you had not already collected death benefits.

By accepting the death benefits through the workers’ compensation package, beneficiaries are typically prevented from filing an additional wrongful death claim, though there are exceptions to this. An experienced attorney can help you understand your options.

Statute of Limitations

Before deciding to move forward with a work-related death claim or a wrongful death claim, you need to make sure that your case adheres to the state of California’s statute of limitations for death benefits claims. In most cases, you only have one year to establish grounds for your claim, build a strong enough case, gather all the necessary evidence, speak with a work-related death lawyer, and file a claim for your death benefits.

If you are unable to file your death-benefit claim before a year has passed, odds are that your case will not be considered since it will have exceeded the statute of limitations. Your claim would be thrown out, and your case would end there with no legal action taken. Building a strong case for work-related death benefits can take a significant amount of time, so you should get started as soon as you can.

Some jobs in Santa Clara, such as a factory job or a warehouse job, are more inherently dangerous than others, but work-related death can happen anywhere. Regardless of the workplace environment, fatal accidents are an unfortunate reality. It’s critical for family members to act quickly when pursuing a claim.

FAQs About Santa Clara, CA Work-Related Death Laws

What Is the Average Settlement for Wrongful Death in California?

There is no telling what the average settlement is for a claim of wrongful death in California. Every wrongful death case is different, with each case having its own set of factors and specific details that can influence the outcome of the settlement. Some settlements are in the millions, while others are in the hundreds of thousands.

Can You Take Legal Action Against an Employer for Wrongful Death?

Yes, you can take legal action against an employer for wrongful death under certain circumstances, but most often, the California workers’ compensation system is the main pathway for monetary relief. It’s important to note that workers’ compensation is considered the “exclusive remedy,” meaning a claim cannot also be filed against the employer unless a specific exception applies.

What Are the Death Benefits for Workers’ Comp in California?

The death benefits included in workers’ comp claims in California generally include up to $10,000 for funeral expenses and up to $320,000 in cash benefits for dependents. The amount you could receive varies based on the number of dependents included in the benefits package. Your lawyer can review the benefits package and ensure you are receiving the proper amount.

What Are the Odds of Winning a Wrongful Death Claim?

The odds of winning a wrongful death claim are completely dependent on the details of your case and the strength of your evidence. If you can prove that the defendant owed a duty of care, breached that duty of care, caused the death, and caused measurable damages, you could have a strong case. Having an experienced lawyer by your side further increases your odds of success.

Contact a Lawyer Today

Dealing with the fallout of a work-related death can be stressful and heartbreaking, especially if you are navigating it alone. An experienced work-related death lawyer understands what’s at stake and can guide you through the process to ensure you get the death benefits you deserve.

The legal team at Wiesner English, P.C. can help you build a strong case and protect your interests. Contact us to speak to a member of our team about a consultation.