BLOG

File a Wrongful Death Claim for Industrial Accidents in Victorville

wrongful death claim for industrial accidents

Industrial accidents can have devastating consequences, including the tragic death of an employee.

In Victorville, California, the families of those who have died in industrial accidents have specific rights and legal avenues to seek compensation and justice.

This blog serves as a guide for surviving family members dealing with the death of a loved one due to industrial accidents caused by negligence and recklessness, covering the legal responsibilities of employers, recoverable damages for surviving families, and the vital role of a personal injury lawyer.

Do you need compassionate support and effective representation?

No fees until we win. Available 24/7.

What Constitutes Wrongful Death in Industrial Accidents?

Wrongful death happens when an employee dies because their employer or someone else was negligent or did something wrong.

Common reasons for deaths at work include accidents with machinery, falling from high places, being exposed to harmful substances, and vehicle accidents. If an employer doesn’t make the workplace safe or follow safety rules, they can be found responsible for the death.

Common Causes of Wrongful Death in Industrial Workplace Settings

common causes of wrongful death in industrial workplace settings

Industrial workplaces are high-risk environments where employees face numerous hazards. Understanding the common causes leading to a wrongful death claim for industrial accidents helps families identify potential negligence and strengthen their case. Here are key causes of fatal industrial accidents:

1. Machinery Accidents

Industrial environments often involve heavy machinery, which can be dangerous if not properly maintained or operated. Key causes include:

  • Crushing Incidents: Employees can be caught in or between machinery parts due to lack of proper guarding, malfunctioning equipment, or inadequate training.
  • Entanglement: Loose clothing or body parts can get entangled in moving parts, leading to severe injuries or death.
  • Equipment Malfunction: Poorly maintained machinery or an unreported defective product can fail unexpectedly, causing catastrophic accidents.

2. Falls from Heights

Falls are a leading cause of industrial fatalities, often resulting from:

  • Inadequate Fall Protection: Lack of safety harnesses, guardrails, and safety nets in industrial or construction settings can lead to fatal falls from scaffolding, ladders, or elevated work platforms.
  • Unsafe Work Practices: Not following safety procedures, such as using fall protection equipment, increases the risk of fatal falls.
  • Structural Failures: Weak or improperly constructed structures can collapse.

3. Exposure to Hazardous Substances

Industrial workers frequently encounter toxic substances, leading to fatal health conditions:

  • Toxic Chemical Exposure: Inhalation or contact with toxic chemicals can cause severe health issues and death. 
  • Asbestos Exposure: Long-term exposure to asbestos fibers can cause fatal respiratory diseases like mesothelioma and lung cancer.
  • Radiation Exposure: Workers in certain industries may be exposed to harmful radiation levels, leading to severe health consequences and death.

4. Transportation Incidents

  • Vehicle Collisions: Industrial vehicles such as forklifts, trucks, and cranes can cause fatal injuries if they collide with workers or other vehicles. Car accidents on company property also fall under this category. 
  • Loading and Unloading Accidents: Improper handling of heavy materials during loading and unloading can lead to fatal injuries.
  • Pedestrian Accidents: Workers on foot can be struck by moving vehicles or equipment, causing catastrophic injuries. Clear communication, designated walkways, and proper vehicle operation protocols can prevent these accidents.

5. Fires and Explosions

  • Flammable Materials: Improper storage or handling of flammable substances can cause fires and explosions. 
  • Electrical Hazards: Faulty wiring, overloaded circuits, and lack of proper grounding can cause electrical fires and explosions.
  • Combustible Dust: Accumulation of combustible dust in certain industrial settings can lead to explosions if not properly managed. Implementing dust control measures and regular cleaning can prevent these dangers.

Proving Employer Negligence in a Personal Injury Claim

How can you prove wrongful death and negligence? Identifying the employer’s accountability is a critical aspect of filing a wrongful death lawsuit. Families should look for the following indicators:

Lack of Proper Training

Employers are responsible for providing adequate training to employees on operating machinery, handling hazardous substances, and following safety protocols.

Inadequate Safety Measures

Failure to implement and enforce safety measures, such as providing protective equipment and ensuring safe working conditions, can constitute negligence.

Non-compliance with Regulations

Employers must comply with Cal/OSHA and other relevant safety regulations. Violations of these regulations can be used as evidence of negligence and merit a wrongful death case.

Recoverable Damages from Workplace Accidents Leading to Wrongful Death in Victorville

To file a personal injury case for wrongful death, the plaintiff must prove that the employer’s lack of protocols directly caused the death.

The claim can seek various damages, including:

Economic Damages

Economic damages cover the financial impact of the loss of a loved one, including:

  • Medical Expenses: If the deceased received treatment before passing away, the family can claim the cost of hospital care, medical bills, and related expenses.
  • Funeral and Burial Costs: The expenses for the funeral and burial services are recoverable. A wrongful death claim for industrial accidents will include the cost of the ceremony, burial plot, headstone, and other related services.
  • Loss of Financial Support: This includes the lost wages that the deceased would have provided to the family. Calculations consider the deceased’s earning capacity, expected future income, and the financial dependency of the family members.
  • Loss of Benefits: Families can claim the value of lost benefits such as health insurance, retirement plans, and pension benefits that the deceased would have contributed to over their working life.
  • Loss of Household Services: Compensation for services the deceased provided, such as childcare, home maintenance, and other domestic tasks, can also be included.

Non-Economic Damages

Non-economic damages address the emotional and psychological impact of the loss:

  • Loss of Companionship: The emotional and psychological support, companionship, and affection provided by the deceased to family members are irreplaceable. Compensation for this loss recognizes the profound impact on the family’s emotional well-being.
  • Loss of Consortium: For spouses, this includes the loss of marital benefits, including companionship, sexual relations, affection, and emotional support.
  • Pain and Suffering: The emotional distress and suffering experienced by the family due to the sudden loss of their loved one. This includes grief, mental anguish, and the trauma associated with the unexpected death.
  • Loss of Guidance and Nurturing: For children, this covers the loss of parental guidance, instruction, and nurturing that the deceased would have provided throughout their lives.

Wrongful Death Claim for Industrial Accidents: What a Wrongful Death Attorney Will Do

  1. Initial Consultation: Contact a Victorville personal injury lawyer to discuss the case. An experienced wrongful death lawyer will evaluate the details and determine if there is a valid claim.
  2. Investigation: The lawyer will gather all necessary evidence, including accident reports, witness statements, safety records, and expert testimonies. This step is crucial in establishing the employer’s negligence and the causation of the death.
  3. Filing the Claim: The attorney will file the wrongful death claim in the appropriate court, detailing the allegations of negligence and the damages sought.
  4. Discovery Phase: Both parties exchange information and evidence. Depositions, interrogatories, and document requests are common during this phase.
  5. Settlement Negotiations: Many cases of a wrongful death claim for industrial accidents are settled out of court. The personal injury attorney will negotiate with the employer’s insurance company to reach a fair settlement. If a settlement is not reached, the case proceeds to trial.
  6. Trial: The lawyer will present the case in court, arguing on behalf of the family and seeking the damages claimed. A judge or jury will decide the outcome.
  7. Post-Trial: If the verdict is in favor of the family, the court will award damages. The lawyer will ensure the family receives the compensation and handle any appeals if necessary.

Statute of Limitations: Timely Action Matters

In California, wrongful death claims must be filed within a specific timeframe known as the statute of limitations. Generally, this period is two years from the date of death.

Missing this deadline can result in the loss of the right to file a claim.

Work with a Trusted Lawyer for Wrongful Death in Victorville. Call RTM Law Firm for a Free Case Consultation. No Fees Until We Win.

Losing a loved one in an industrial accident is tragic and life-altering. Families have the right to seek justice and compensation for their loss, holding employers accountable for their negligence.

If you have lost a family member due to an industrial accident in Victorville, the experienced team at RTM Law Firm is here to provide the support and legal representation you need.

Contact our Victorville wrongful death lawyer to discuss your case and explore your legal options. Confidential and free consultation.

We are available anytime for an initial consultation

Free consultation. No fees unless we win.

Recommended Blogs

Get a Free Consultation

Get a Free Consultation

Fill out the form below and tell us more about your case.

We have time for your call.

We can help you

No Fees Unless We Win

Available 24/7

We Help Accident Victims File
a Personal Injury Claim in Victorville, California

Our Victorville personal injury attorneys handle a wide range of personal injury claims
in several areas, including:

  • Adelanto
  • Baldy Mesa
  • Bear Valley Rd.
  • Cottonwood Ave.
  • Desert Knolls
  • Dos Palmas Rd.
  • Eagle Ranch
  • Escondido Ave.
  • Hesperia
  • Jess Ranch
  • Mojave Heights
  • Las Haciendas
  • Luna Rd.
  • Mountain View Acres
  • North Star Ranch
  • Oak Hills
  • Oro Grande
  • Palmdale Rd.
  • Spring Valley Lake
  • Sunset Hills
  • Sunset Ridge
  • The Village

Our Location

RTM Law, APC | Personal Injury Attorney

16888 Nisqualli Rd #200,
Victorville, CA 92395
(760) 278-7810

Our Service Areas in Victorville, CA