Understanding Personal Injury Law

Proving A Loved One Perished Due To Negligence Caused By Their Employer

12 August 2016

Kristina Walker

If you have a loved one who had recently passed away due to an unfortunate accident while on the job, and you are certain their demise could have been prevented if their employer had taken appropriate steps to ensure their employees' safety, you may have considered pressing charges in an attempt to receive justice for this incident. Proving that a death was a result of negligence in the way an employer conducted practices within the workplace may be a bit tricky, but with perseverance and some detective work, you may receive a favorable outcome in a court of law. Here are some steps one can take in proving their loved one died because of inadequate safety steps while on the job.

Find An Inside Source To Help With Information Gathering

Find out if any of your loved one's fellow employees were witnesses to the tragic accident and question them about what they had seen during this incident. They may be able to shed some light on the procedures that were in place at the time of the occurrence, helping you to figure out if there was indeed negligence on the part of the employer. If possible, have this person observe the procedures following the incident to see if they are changed. Any memorandums or emails regarding a change in procedure would be helpful in proving the employer knew about the breach in safety and changed it after the death of your loved one.

Get Photographic Evidence Of The Area The Incident Occurred

If you have someone within the company available to help you, ask them to take photographs of the area where the incident had happened. This will be helpful in proving to a court that the area is not safe for employees. If the company had video surveillance in place where the incident occurred, a wrongful death attorney may be able to request the footage is released for evaluation.

Find Out Medical Specifics From Your Loved One's Doctor

If your loved one had authorized you to find out about their condition when in a medical facility, you will have access to their medical record information through doctors or hospitals involved in days leading up to their death if it had not happened right at the location of the safety breach. Ask any doctors who had been trying to save their life if they would write a document about their findings at the time they had treated your loved one. They may be called in as witnesses to your case as well.

For more information, contact a wrongful death attorney, like one at Burke Schultz Harman & Jenkinson Attorneys at Law.

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