If someone you love was killed in a worksite accident, you may be considering a wrongful death case against his employer. These cases, which provide compensation for accidental death caused by employer negligence, can greatly help the survivors with the financial burden of their loss.
In order to build a successful wrongful death case in New Jersey, you must prove to the court that:
- The employer had a duty to act in a certain way. This could include providing safety measures, training, or additional personnel to assist with a job.
- The employer failed to uphold that duty. This may mean forgoing safety measures in order to cut costs or neglecting to perform regular maintenance on machinery.
- The act of negligence was directly responsible for the accident. Just because an error was discovered does not mean it caused your loved one’s death. You must be able to show a direct cause and effect between the employer’s error and the accident.
You should be aware that cases of employee death can be difficult to navigate, since employers are often unwilling to release details of the death to family members. A New Jersey construction accident lawyer can help you conduct an investigation into the accident to determine whether or not the death was caused by negligence.
In the course of your case, your attorney will also help you gather vital evidence to prove the employer was at fault. This may include:
- Witnesses who can testify to what they saw and heard on the day the accident occurred, as well as providing testimony on safety violations or workplace conditions on the weeks preceding the event
- Documents, including medical records, safety inspections, maintenance reports, declarations from external sources, and police reports of the accident
- Expert testimony may be required to explain complicated issues to the court, such as the effects of neglecting safety standards and the correct functioning of workplace machinery
At Manfred F. Ricciardelli, Jr., we know that survivors are overwhelmed after losing a family member and don’t know where to turn to seek justice for their loss. But we also know that failure to prove the elements of your case can result in the loss of your settlement, so it is important to begin investigation as soon as possible.
Our legal team can provide the help you desperately need, and we will not charge you anything until we win your case. Call us today at (877) 360-0183 to begin your FREE, one-on-one consultation, or click the link above to download our FREE electronic book, What the Injured Worker Needs to Know: Your Workers Comp Guide.