You can investigate a death on the job by collecting accident reports, statements from other workers who witnessed the fatal accident, and other forms of information. If your loved one has passed away due to a work-related injury, you’re probably grieving and focused on gathering with family, making it difficult to gather evidence for a wrongful death claim.
Fortunately, an Indianapolis wrongful death lawyer can investigate your loved one’s fatal accident and gather the evidence required to file a winning claim. Let’s take a closer look at how to investigate an on-the-job death and how a lawyer can help you pursue compensation on your behalf.
Investigating a Death on the Job Involves Collecting Evidence
Investigating an on-the-job death is a complicated process that requires a great deal of experience and legal resources. To gather as much evidence as possible for your wrongful death claim, you’ll want to work with a skilled attorney who is committed to getting to the bottom of your case.
A lawyer can gather the following pieces of evidence and information to make your claim as strong as possible:
- Information on workplace policies and safety measures
- Eye-witness testimonies
- Photos of the site of the accident
- Medical records
- Surveillance videos that show the incident occurring
- Forensic evidence
- And more
Having these types of evidence can make a huge difference in the success of your claim. A dedicated wrongful death lawyer can gather these documents and records, using what they find to strengthen your claim and get the justice you deserve.
Your Case Will Get
The Attention It Deserves
Determining Liability After an On-the-Job Death
The process of investigating an on-the-job death also involves determining who should be held liable for the fatal accident. An attorney can analyze all available evidence and determine if the employer’s negligence caused the incident in which your loved one was fatally injured.
Your lawyer must establish the following elements to prove liability:
- Duty of care: First, your attorney must show that the employer owed your loved one a duty of care or, in other words, had an obligation to provide a safe working environment free from hazards. Indiana employers are required to maintain safe working conditions for their employees.
- Breach of duty: Next, your lawyer must show that your loved one’s employer failed to uphold a reasonable duty of care. This could be supported by evidence that shows unsafe working conditions, lack of safety measures, or failure to provide personal protective equipment (PPE).
- Causation: To establish causation, your wrongful death lawyer must present evidence that demonstrates a direct connection between the employer’s breach of duty and your loved one’s fatal injury.
- Damages: Finally, your lawyer must provide evidence that shows you suffered damages as a result of your loved one’s passing. This may include emergency medical treatment expenses, funeral costs, and other challenges associated with the sudden loss of a family member,
As you can see, investigating a death on the job and proving liability can be a difficult process. The good news is that a compassionate wrongful death lawyer can handle every aspect of your claim, giving you the time you need to cope with the pain and grief you’re experiencing.
Don’t Wait To Investigate a Fatal Workplace Accident
Waiting too long to hire a wrongful death lawyer and investigate an on-the-job death can hurt your case. That’s because the longer you wait, the more likely evidence will go missing or, in some cases, get destroyed by parties who want your claim to fail.
While hiring a lawyer might seem like an impossible task when you’re mourning the tragic loss of a dear loved one, it’s important to get an early start on the legal process. Hiring an attorney today can ensure you have as much evidence as possible for your claim, which will increase your chances of getting a fair settlement.
Damages You Could Receive From a Wrongful Death Claim
If your loved one’s on-the-job death is investigated properly and a robust claim is filed, you could receive a handful of damages to help you stay afloat during this deeply upsetting time. When you hire an attorney, they’ll work with you to determine which damages you’re entitled to receive and how much you’re owed overall.
If your claim is successful, you could receive any of the following damages:
- Emergency medical expenses the decedent incurred prior to death
- Funeral and burial costs
- Loss of financial support
- Loss of consortium
- The decedent’s pain and suffering
- Loss of love and affection
Schedule a Free Consultation With a Trusted Wrongful Death Lawyer
At Vaughan & Vaughan, we know how devastating it can be to lose a spouse, parent, or other family member. While no amount of compensation can replace your loved one, wrongful death damages can help you cope with grief and cover expenses related to your loved one’s death.
Our firm has recovered over $25 million for clients like yourself. We can draw on our extensive experience to file a robust claim on your behalf and pursue the compensation you need to deal with this challenging time. Contact us today to schedule a free consultation with a compassionate attorney and learn more about how to investigate a death on the job.
