Atlanta is a city with a large population, so there are more chances for fatal workplace accidents. Accidents can happen even though businesses are required to follow state and federal safety laws. Some employers are willing to risk a workplace injury or death rather than invest in a safe workplace. Atlanta workplace fatality attorneys examine cases to determine if negligence on the part of the employer was a factor in the death of a loved one.
Understanding Workplace Fatalities
You expect to return home every night to your family when you leave for work each day. Some jobs are dangerous by nature, and there’s always the risk of an accident. Police officers and firefighters have jobs that are inherently dangerous. Although municipalities strive to make the jobs as safe and secure as possible, it is impossible to predict what others will do or how a particular fire will affect a building.
Workplaces such as factories, construction sites and other places of work must adhere to strict safety regulations. Accidents can still happen, despite all the precautions taken to protect workers. Other employers disregard safety regulations to save money.
Accidents can happen in the most unexpected places, like an office or retail store. You may be able to recover damages if an employer’s negligence caused or contributed to the death of your loved one.
It is difficult for family members to deal with the loss of a loved one due to a workplace accident. But when someone else’s negligence is to blame, such as a criminal who shoots a policeman or an employer that doesn’t provide modern safety equipment, this is made even worse.
You are not thinking of contacting an Atlanta workplace fatality attorney. After finalizing your arrangements, you should think about contacting a workplace fatality lawyer in Atlanta, GA. A workplace fatality attorney in Atlanta, GA can guide you through the difficult days of settling your loved one’s affairs, and filing a claim for damages.
Making a strong case
Money can’t replace a lost loved one but you may be entitled for damages. The damages may include medical costs incurred by your loved one due to the accident. They could also include funeral and burial expenses, pain and suffering, loss in future earning potential, and loss of companionship.
A workplace lawyer in Atlanta will build a strong case against the employer of your loved one to get you the compensation that you deserve. Your lawyer can investigate the accident at work, interview witnesses and collect evidence including documentation of workplace safety violations.
Some insurance companies settle claims for a reasonable and fair amount. Others may refuse to accept a reasonable and fair settlement. You may have to take your case to court in order to get the compensation that you deserve.
A lawyer who is experienced in workplace negligence has the knowledge to deal with insurance firms that might try to avoid paying for their clients’ negligence. There are several ways to deal with an insurance company that is stubborn.
Legal Strategies for Workplace Fatalities
Lawyers in Atlanta who specialize in workplace fatality cases have three options. No matter which method you choose, you should receive the compensation that you deserve.
Negotiation
Negotiation is the fastest and most efficient way to resolve your case. Your attorney will usually start the negotiation process with a letter outlining the facts and a figure that they believe is fair and reasonable.
Insurance companies can respond to claims in three different ways.
- You can deny a claim.
- The claim can be accepted.
- You can also send a counter-offer.
The insurance company will often send a counteroffer. The counteroffer can be countered or accepted. You can ask your attorney what he recommends, such as litigating, especially if there is a strong case against the employer or if he was grossly negligent.
Arbitration and Mediation
Most attorneys will file a lawsuit if the insurance company refuses to settle your claim in a fair, reasonable manner or denies it. Mediation or arbitration are options that can be used before or after filing for court.
Both you and the insurance company/defendant meet with an impartial third party who is experienced in mediations and arbitral proceedings. The mediator will present the facts of your case to you, and then help you and the other party reach a fair and reasonable settlement.
The mediator will then draft a settlement contract, which you can file with the court or keep by your lawyers if you have filed a lawsuit. You can go to court if the defendant does not keep their end of the settlement.
Litigation
If negotiations or mediation fail, your lawyer can file a lawsuit on your behalf. After the case has been filed and served to the employer of your loved one, the employer will have a certain number of days in which to respond. Your attorney can begin gathering evidence to support your case once the case is filed.
Trials are not timed, but they do take longer than mediation or settlement negotiations. Hearing dates are dependent on the availability of both attorneys as well as the courts. Sometimes motions can be filed while the trial is still in progress. The discovery phase can take a few months or a whole month depending on whether there are witnesses and documents available.
Expert witnesses are important in workplace fatality cases
Interviewing experts and preparing them for court testimony may be part of the evidence gathering process. Expert witnesses can be accident investigators or medical professionals who are able to testify about the causes and effects of an accident.
Expert witnesses are often more persuasive than other witnesses because they have been “qualified” as experts by the court. It’s possible that the defendant will also call on expert witnesses to testify in court for your loved ones employer. Therefore, it’s crucial to select experts who have experience testifying in courts.
Contact a workplace fatalities attorney in Atlanta, GA for a free evaluation of your case if you have lost a loved on account of an accident at work.
The first post Fatalities at Workplace Lawyers in Atlanta, GA was published on Attorney at Law Magazine.