Experiencing the unexpected loss of a loved one in a workplace accident is a life-altering event. During such a challenging time, finding justice and support can feel overwhelming, especially when your focus is on grieving. However, it’s important to defend your rights.
In this article, we’ll explore the path to justice in wrongful death cases resulting from workplace incidents, detailing the support available through an experienced attorney.
Understanding wrongful death
A wrongful death occurs when someone’s life is lost due to another party’s negligence, recklessness, or misconduct. In the workplace, wrongful deaths often arise from unsafe conditions, inadequate safety measures, or employer negligence.
What causes workplace wrongful deaths?
Tragic workplace incidents can stem from multiple sources. Common causes include:
- Unsafe machinery or equipment
- Lack of safety protocols
- Exposure to hazardous substances
- Inadequate training
Understanding the cause can help establish responsibility and pave the way for seeking justice.
Legal rights for families
When a loved one loses their life in a wrongful death case, immediate family members often have the right to seek compensation. This includes spouses, children, and in some cases, other dependents or financial beneficiaries. Seasoned attorneys play a vital role in helping families explore their legal rights.
Why hire an attorney?
Hiring an experienced attorney offers multiple benefits:
- Knowledge of complex laws – attorneys understand the regulations and standards governing workplace safety.
- Emotional support and guidance – An attorney can act as an advocate during this challenging time, providing counsel and reassurance.
- Maximizing compensation – Attorneys understand how to calculate fair compensation, which may include medical expenses, lost income, and emotional suffering.
Types of Compensation
Compensation, or “damages,” is generally divided into 2 categories:
- Economic damages: Financial losses, like medical bills or funeral expenses.
- Non-economic damages: Loss of companionship, emotional pain, and other non-financial impacts.
In rare cases, punitive damages may also be pursued to penalize gross negligence.
How the legal process works
The legal process can feel overwhelming, but understanding it can bring clarity. Key steps often include:
- Initial consultation: Meeting with us to review your case.
- Investigation: Gathering evidence, such as witness statements, accident reports, and safety records.
- Filing a claim: We file a wrongful death claim on behalf of your family.
- Negotiation or trial: Many cases are settled out of court, but some may proceed to trial. Rest assured, at Pickett Dummigan Weingart, we’ll do everything in our hands to win your case.
Statute of limitations
Every state has a statute of limitations, meaning there’s a limited period to file a wrongful death claim. In most places, this time limit is between 1-3 years. In Oregon, the statute of limitations for filing a wrongful death claim is generally 3 years from the date of the incident leading to the death. This means that families in Portland and throughout Oregon have up to 3 years to initiate a legal claim. If this deadline is missed, it may bar your family from seeking compensation. Consulting with a wrongful death attorney early in the process ensures you’re aware of important timelines and can preserve your family’s rights to pursue justice.
Proving negligence
Demonstrating negligence requires showing that the employer failed to meet a “duty of care.” This could involve demonstrating that the employer didn’t provide adequate training, safety measures, or a safe environment.
Preparing for your case
When preparing for your case, keep a detailed record of all interactions and documentation related to your loved one’s workplace and any communications about safety concerns. This documentation can serve as crucial evidence to support your claim.
Take the first step toward justice
Losing a loved one to a workplace accident is devastating, but justice can be within reach. Seeking the help of a compassionate, knowledgeable attorney can ease this journey. If you’re uncertain about your rights or what steps to take, reach out to us at Pickett Dummigan Weingart. Our wrongful death attorneys are dedicated to helping families like yours find the support, compensation, and closure you deserve.
Don’t face this difficult time alone — contact us online or call us at (503) 223-7770 today to learn how we can guide you toward justice.