When a family loses a loved one to a workplace accident, the emotional and financial fallout is unbearable. And while wrongful death claims against employers can help families seek justice and financial compensation for their loss, the legal process is often prolonged, often exacerbating the financial strain on those left behind.
In light of this, pre-settlement funding from Baker Street Funding has become a vital financial resource for families who need help in covering immediate living expenses and other financial obligations with no pressure to settle early for a lower compensation amount. All of our funding products are non-recourse, which guarantees families that there is nor repayment unless they win their wrongful death lawsuit.
Causes of Negligence in Fatal Workplace Accidents
Fatal work accidents often result from a mix of common and less-common causes, each varying widely by industry. Common causes include falls from heights in construction, machinery-related work injuries in manufacturing, and vehicle accidents in transportation. Less common but equally dangerous scenarios might involve chemical exposures, electrocution, or unexpected equipment failures.
Quick Fact: According to the Bureau of Labor Statistics, falls, slips, and trips accounted for 17% of all fatal occupational injuries in recent years.
Identifying the Plaintiffs and Responsible Parties in Wrongful Death Claims Involving Workplace Accidents
In the unfortunate event of a fatal work accident, it’s typically the immediate family members or dependents of the deceased who are eligible to initiate a wrongful death lawsuit when the death of an employee occurs because of the employer’s negligence. Plaintiffs often include spouses, children, or parents who seek to recover damages for lost wages, funeral costs, and loss of companionship.
The responsible parties in wrongful death lawsuits can vary:
- Employers. Primarily held accountable for failing to maintain a safe working environment.
- Equipment Manufacturers. Liable if defective equipment played a role in the accident.
- Third-party Contractors. Responsible when their negligence contributes to unsafe working conditions.
Legal Breaches That Strengthen a Fatal Workplace Injury Accident Case
Violation of Occupational Safety and Health Administration (OSHA) Regulations
Identifying explicit violations of OSHA standards, such as inadequate fall protection in construction or improper handling of hazardous materials, directly puts an employer’s actions as a cause of the accident. This not only supports a claim of negligence but can also increase the compensatory damages for the victim’s family.
- State and Federal Law Violations. Each state may have additional safety regulations that complement federal standards. Depending on the nature of the employment and the incident, other regulations such as those pertaining to dangerous materials, or machinery safety standards can also support claims of negligence.
- Failure in Duty of Care. Particular instances like failing to provide adequate training for equipment, failing to conduct regular safety inspections, or not enforcing safety gear usage is critical in demonstrating an employer’s negligence.
- Record-Keeping Failures. The failure to keep proper safety records or accident logs as required by law shows an employer’s disregard for established safety protocols, and reinforces the negligence claim.
- Comparative Fault. In some states, if the deceased was partially at fault, compensation might be reduced. Demonstrating that your loved one had minimal or no fault can strengthen the case.
Strong Evidence
- Eyewitness Testimony. Statements from witnesses who observed the accident provide firsthand accounts of the event to establish the factual basis of the case against the employer.
- Corroborating Testimonies. Testimonies from other employees about consistent unsafe practices can indicate a systemic problem within the company.
- Documentation of Violations. Copies of safety inspection reports and citations from regulatory bodies prior to the accident serve.
- Video/Audio Records. Surveillance footage or audio recordings from the workplace.
- Expert Analysis. Testimonies from occupational safety experts or forensic specialists.
- Accident Reconstruction. Visual and scientific explanation of how the negligence led to your loved one’s loss.
- Maintenance and Training Records. Logs showing gaps in routine safety checks or inadequate training sessions.
Detailed Calculation of Damages for Wrongful Death Cases Stemming from Workplace Accidents
- Detailed Economic Analysis. A forensic economist projecting your loved one’s potential future earnings more accurately.
- Loss of Benefits. This includes the loss of pension, health insurance, and other employment benefits.
- Quantifying Non-Economic Damages. Psychological expert testimonies assess the mental and emotional damage inflicted on you and your family.
- Suffering of the Deceased. Documentation of the trauma the diseased experienced if he or she survived for a period post-accident.
Additional Factors Influencing Settlement Valuations for Fatal Work Accidents
- Insurance Policy Limits. The limits of the employer’s liability insurance policy, as it may cap the amount available for settlement.
- Contributory Negligence. In jurisdictions where contributory negligence may apply, your attorney needs to prove that your loved one had no part in causing the accident to avoid any reduction in the settlement amount.
- Punitive Damages Insights: Punitive damages aren’t awarded in every case, as they require evidence of particularly egregious behavior by the defendant, such as intentional harm or gross negligence. In this situation, case precedents can provide a glimpse into what kind of employer actions have previously been deemed “egregious” enough to warrant punitive damages. This includes repeated violations of safety protocols despite prior accidents or explicit warnings from safety inspectors.
As you work your way through the complicated nature of a fatal work accident lawsuit, understanding the legal system is just the first step. The next phase involves managing the financial pressures that arise during the prolonged legal process. This is where pre-settlement funding becomes invaluable for families awaiting wrongful death settlements due to a fatal workplace accident.
Pre-Settlement Funding for Wrongful Death: A Lifeline for Families Pursuing Fatal Work Injury Lawsuits
Pre-settlement funding is a type of financing for families who are involved in a wrongful death accident lawsuit involving a fatal work accident claim. When a loved one dies due to a workplace accident, the family often faces major financial setbacks, including medical bills, custom memorial services, and loss of income. Pre-settlement funding offers a solution by providing an advance on the expected settlement from your work-related injury lawsuit.
Our Pre-Settlement Funding is Not a Loan
All of our lawsuit loans, also known as pre-settlement legal funding, are non-recourse. We provide you with the necessary funds without the obligation to repay us if your lawsuit doesn’t result in a favorable settlement. Only pay us back if you win your fatal work accident lawsuit.
This arrangement lets you center your efforts on healing yourself and honoring your loved one, secure in the knowledge that you have strong financial and emotional support to carry you forward in your pursuit of justice, at no risk.
Essential Uses for Pre-Settlement Funding in Wrongful Death Lawsuits For Workplace Injuries
Legal funding is particularly useful in wrongful death litigation because it helps cover immediate expenses that families may not be able to afford otherwise. For example, you can use the advance for daily living expenses, mortgage or rent payments, utilities, and other urgencies.
Additionally, a lawsuit loan for fatal work injuries can help pay for the following:
- Continuing Education for Surviving Spouse. Sometimes education can be interrupted due to the circumstances of the fatal accident. Pre-settlement funding can help the surviving spouse continue or resume his or her education while pursuing wrongful death lawsuit.
- Vocational Training for Surviving Family Members. If your loved one was the primary earner, you may need vocational training to acquire new skills for employment.
- Temporary Housing. If you need to relocate due to the loss of income or other circumstances related to the fatal accident, the cash advance can be used for temporary housing costs.
- Estate Administration Costs. You can also pay for expenses associated with administering the victim’s estate, including legal fees and court costs.
- Income Replacement for Business Owners. If the victim was a business owner, you can also use the funding to keep the business running until you find a more permanent solution.
- Funeral and Burial Costs. For those with workers’ compensation, the full cost of a service and burial may not be covered. Pre-settlement funding can help bridge this gap, so you can honor your loved one appropriately.
The Application Process Simplified
At Baker Street Funding, our legal funding team is dedicated to guiding you through the funding process with compassion and understanding.
Here’s how to apply:
- Initial Consultation. Have a conversation with our team to discuss your case and lawsuit funding needs. This is where you can share the details of the fatal work-related accident and the repercussions it’s had on your family.
- Document Submission. To assess your funding request, Baker Street Funding requires that your attorney provide us with the necessary documentation about your claim.
- 24 Hour Approval. If approved, you’ll obtain a pre-settlement funding contract to sign.
- Funds Disbursement. You can collect your settlement advance within hours of signing the legal funding contract.
- Repayment. If you are successful in your litigation, the loan repayment will be deducted from the settlement by your attorney. However, if you are unsuccessful, you won’t be responsible for repayment and won’t owe us anything.
Qualification Criteria
To qualify for pre-settlement funding, your lawsuit should have strong foundational elements, such as evidence that the fatal workplace injury was due to an employer’s negligence, particularly through explicit violations of OSHA regulations. Another main requirement is that you must be represented by an accident attorney who’s actively pursuing your case.
The case should also show a substantial likelihood of success based on:
- Documentation of Violations. When seeking pre-settlement funding, documented prior safety violations by the employer are what our underwriters look for. These documents not only establish a pattern of negligence but also demonstrate strong grounds for legal financing as it shows that you have a good chance at winning.
- Expert Analysis. Perspectives from occupational safety experts or forensic specialists are particularly valued in the funding qualification process. This expert testimony can decisively link the employer’s negligence to the fatal injury, which strengthens your case’s potential for winning and, by extension, its eligibility for funding.
Additionally, surveillance footage and eyewitness testimonies may also be required to qualify for funding.
Baker Street Funding’s Financial Support for Families Pursuing Fatal Work Accident Lawsuits
Are you suffering the repercussions of a fatal work accident lawsuit? At Baker Street Funding, we understand the profound impact of your loss and offer compassionate, caring support through our pre-settlement funding options.
Apply for a wrongful death lawsuit loan with Baker Street Funding today or contact us at (888) 711-3599. Let us help you secure the financial peace you need. Remember, we stand by you, offering support so that every interaction is as stress-free as possible.