A work zone is a specific area in a workplace designed for construction or related work. The zone is closed off, and its hazards are restricted to avoid workplace accidents.
Workplace accidents have a legal aspect to them as well. If workers suffer wrongful death in a work zone, their loved ones can file a claim and take the company to court for inappropriate work safety.
It is the organization’s responsibility to ensure that potential hazards aren’t just lying around. They should maintain safety for the better health of all workers working for them. A poor eye on the safety of workers can have negative repercussions, including lost rapport and penalties.
In this article, we take a look at how to get justice after a wrongful death in a work zone case. The guide is helpful for loved ones and relatives of an employee impacted by poor safety standards.
Seek Legal Assistance
Your first and safest bet should be to seek legal assistance. Wrongful death laws in Nevada are quite complex and require attorneys who are well-versed in the situation. Attorneys who handle literally everything from divorces, trusts, bankruptcies, or wills may be Jack of all trades but masters of none. By choosing an attorney who does not specialize in cases related to wrongful death, you are risking the quality of your representation in court.
Gather and Preserve Evidence
In order to build a strong case, it is essential to gather and preserve evidence related to the wrongful death. This can include photographs of the work zone, accident scene, and any vehicles involved, as well as any surveillance footage that may have captured the incident. Additionally, it is important to obtain copies of any police reports, medical records, and witness statements.
Your lawyer may get help from experts who can help establish the cause of the accident, identify any safety violations, and determine the party responsible for the wrongful death. This can be useful in determining the cause of the accident.
Identify the Responsible Party
Determining blame for wrongful death in a work zone can be complex, as multiple parties may be involved in the operation and maintenance of the work zone. Potential responsible parties can include construction companies, contractors, subcontractors, utility companies, and even government entities responsible for overseeing the work zone.
Your attorney will investigate the case thoroughly to identify the responsible party or parties and hold them accountable for the wrongful death. This may involve filing a lawsuit against multiple defendants, depending on the circumstances of the case.
Establish Negligence
A wrongful death claim needs to be authenticated through proof of negligence. Negligence can take many forms in a work zone, such as:
- Failing to provide adequate warning signs and barriers
- Failing to properly train and supervise workers
- Failing to maintain safe conditions in the work zone
- Failing to comply with federal, state, and local safety regulations
Your attorney and their team of experts will work together to establish negligence on the part of the responsible party, using the evidence gathered during the investigation.
Seek Compensation
Once negligence has been established, your attorney will seek compensation on behalf of the surviving family members. Compensation in a wrongful death claim can include:
- Medical expenses incurred prior to the death
- Funeral and burial expenses
- Loss of income and earning capacity
- Loss of consortium, companionship, and support
- Pain and suffering experienced by the deceased before their death
In some cases, punitive damages may also be awarded to punish the responsible party for their actions and deter similar conduct in the future.
Negotiate a Settlement or Go to Trial
Many wrongful death cases are resolved through settlement negotiations, in which your attorney will negotiate with the responsible party’s insurance company to reach a fair and just compensation amount. If a settlement cannot be reached, your attorney will be prepared to take the case to trial, where they will present the evidence and argue your case before a judge or jury.
Conclusion
Losing a loved one in a work zone accident is a traumatic and heartbreaking experience. Seeking justice after a wrongful death can be a complex and emotionally challenging process, but it is essential to hold the responsible party accountable and obtain the compensation your family deserves. By following these steps and working with an experienced wrongful death attorney, you can navigate the legal process and achieve justice for your loved one.
We at The Bourassa Law Group are here to manage all your legal troubles in the state of Nevada. Call us at (800)870-8910 and talk to our legal resource for directions.
1-800-870-8910