Seeking Damages for a Wrongful Death at Work By Moody Law | Personal Injury Attorneys on May 24, 2022

A construction worker on the groundA wrongful death is a preventable death caused by another person or entity’s negligence or recklessness. When a wrongful death happens in the workplace, it’s important that steps are taken to make sure such a terrible thing never happens again. One way to help prevent future wrongful deaths is to hold employers or responsible parties liable for their recklessness through a wrongful death lawsuit.

At Moody Law, we work with surviving family members to secure the maximum settlement for their loved one’s wrongful death at work in Lakeland, Winter Haven, FL, and surrounding areas.

Causes of Wrongful Death at Work

A wrongful death can happen in any occupation but are more likely in construction, trucking, and other jobs with inherent risks. In order for a death in the workplace to be considered a wrongful death, the death needs to have been a result of some form of negligence on the employer or an employee’s part.

Accidents that happen due to lack of training, lack of safety equipment, or otherwise unsafe work environments can all lead to wrongful deaths. For more clarity, some possible causes of wrongful death at work include:

  • Faulty or poorly maintained equipment
  • Failure to train or follow safety protocols
  • Lack of employee training
  • Mishandling or improper use of dangerous chemicals
  • Slip and fall accidents as a result of property negligence, like a failure to replace stair railings

Who’s Responsible When a Wrongful Death Happens?

The party who is responsible for a wrongful death at work will depend on the situation. Sometimes it may seem like a fellow employee bears the responsibility. Yet upon further investigation, it may come to light that the employer failed to properly train employees or maintain equipment.

In other circumstances, a product defect may be the cause of a death at the workplace. In such cases, the manufacturer of the product may be responsible.

With this in mind, some parties who may be responsible for a wrongful death include:

  • The employer
  • A co-worker
  • Third-party contractor
  • Machine or product manufacturer
  • Property owner

Who Can File a Wrongful Death Lawsuit?

In Florida, families seeking compensation for a wrongful death must do so through the personal representative or executor of the deceased person’s estate.

The personal representative will then list all of the potential beneficiaries when they file the wrongful death claim and will distribute the settlement to listed surviving family members accordingly.

Types of Damages in a Wrongful Death Claim

Through a wrongful death lawsuit it may be possible to recover compensation for:

  • Medical bills
  • Lost wages
  • Loss of future earning capacity
  • Loss of benefits
  • Funeral expenses
  • Loss of parental companionship
  • Loss of support provided by the deceased person
  • Pain and suffering

Schedule a Consultation with Moody Law

If you have lost a loved one in a workplace accident and believe it was a wrongful death, it’s important to speak with an attorney as soon as possible. To schedule a consultation with Moody Law, please call our Lakeland law firm at (863) 284-9090.

Related to This

Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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