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How Do You Prevent a Wrongful Death?

Nina Zade • Dec 27, 2021

For the most part, all employers in the United States have a workers’ compensation program in place that covers all injuries and even death in the workplace. This program does not allow employees to sue the employer in case of an injury/death while at work. However, with the recent Covid-19 pandemic, some employers have been served with personal injury and wrongful death lawsuits that allege the employee was exposed to Covid-19 in the workplace because of gross negligence by the employer.

These lawsuits are despite the administrative rule that the workers’ compensation program is the absolute and exclusive remedy for such claims. In general, when employees are unintentionally injured in the workplace, workers’ compensation will cover the entire cost of care. But the damages in a workers’ compensation claim have a cap and, in addition, the employee is not permitted to sue the employer.

Now some lawyers have been ignoring the workers’ compensation statute and filing lawsuits in courts by claiming that the employer was grossly negligent and/or intentionally caused the injury to the employee. Awards for such personal injury claims are much higher than what the individual would get from the workers’ compensation program. Plus, in some cases, the employee may file both a lawsuit and a workers' compensation claim.

According to the Covid-19 Complaint tracker, there have been hundreds of cases filed each month over the past year, totaling more than 8,500 to date. These Covid-19 complaints involve not only wrongful deaths but also personal injury claims, pandemic restrictions, wrongful termination, and workplace safety claims. And, as the pandemic continues, it is believed that more Covid-19 claims will be filed in the coming year.

Preventing a Wrongful Death

How do you prevent a wrongful death? That’s a $64,000,000 question. A wrongful death occurs due to the negligent actions of another; it might be intentional or accidental. If we could prevent a wrongful death, commonsense and goodwill says we should do it.

However, because wrongful deaths still occur, lawyers can speak for the victims and take the case to court. It is possible when wrongful death Arizona lawsuits are filed, and the court takes the side of the victim, that others might think twice before committing a negligent action in the future. Those responsible must be held accountable.

Covid-19 Lawsuits

Why are wrongful death Covid-19 lawsuits being filed? It is not well known yet by the general population that you can file a wrongful death lawsuit as well as filing a workers’ compensation claim.

When filing a wrongful death Arizona lawsuit, that brings about the option to have a jury trial whereas a workers’ compensation claim is only heard by an administrative board and a law judge without a jury. There is also a cap on any damages awarded, whereas with a jury trial and evidence is presented, the jury decides on the amount of damages awarded.

Overall, awards by juries are much higher than those awarded in a bench trial.

Lawyers often file lawsuits to gain access to other funds, like the employer’s or employee’s liability insurance. In most cases of wrongful death, insurers are willing to settle rather than face a trial. On the other hand, to receive a payout from workers’ compensation is a lengthy process that can take many months or several years.

Personal injury lawyers for plaintiffs have started to ignore workers' compensation statutes to get a much bigger payout for their clients and as each of these cases receives media attention, more such cases are expected to be filed in the near future.

How Do You Prevent a Wrongful Death With Respect to Covid-19?

To avoid such claims, the employer should become proactive and start implementing state and federal recommended preventive mechanisms to prevent Covid 19 from spreading in the workplace. To prevent the spread of Covid 19 in the workplace and eliminate the risk of a lawsuit, the following is recommended:

Establish Covid-19 guidelines in writing and give a copy to all employees. Make sure that they sign and date the document upon receipt.
Implement a safe distancing policy from others (6 feet).
Mandate that everyone wears a mask indoors.
Ensure that the work environment is well ventilated.
Install alcohol sanitizers at multiple locations.
Encourage employees to wash hands with soap and water regularly.
Mandate vaccination for all your employees.
All employees who are not well should be encouraged to stay at home.
Dedicate one staff member to ask all employees every day if they have symptoms of cough, fever, or sore throat. All who do should be asked to get a Covid test at a clinic.
Dedicate one staff member to monitor the temperature of all employees as they arrive to work. Portable non-contact thermometers can measure temperature in a few seconds.
All employees who have symptoms should call in and not come to work. The employee must see a healthcare worker, be asymptomatic, and be tested for Covid-19 before he or she can return to work.
All employees with a sick family member living in the same house should notify the employer.
If any employee has tested positive for Covid-19 in the workplace, he or she should be reported to the local authorities.
Place signage in several places reminding employees about masks and hand hygiene.
Post the latest updates on Covid 19 on the workplace notice board and send regular news about prevention via email to all employees.
Check the CDC and OSHA websites regularly for updates on prevention and notify your employees.
The employer should grant non-punitive paid sick leave and offer supportive policies.
Encourage all employees to self-screen before coming to work.
Maintain employee confidentiality at all times by making health screening private, if possible.
Ensure that the person performing the screening test is appropriately protected from exposure.
Provide educational seminars on Covid-19 prevention to all employees
Use physical barriers (glass or plastic) that can protect the employee from customers/clients.
Conduct regular visual inspections on all employees for illness, temperature, cough, or sweating.
Routinely perform checks for hazard assessment.
If PPE is used in the workplace, train employees on how to use them.
Follow CDC guidelines on quarantine of infected employees.
If the death of an employee occurs, at least reach out and agree to pay the funeral costs. By engaging with the victim’s family, the chances of a lawsuit can be minimized.

Conclusion

How do you prevent a wrongful death? Be careful and responsible in all your actions. Always follow best practices and established safety guidelines. Do not minimize any need to practice safety and/or take precautions. If you need to file a wrongful death Arizona lawsuit, contact the Law Offices of Richard A. Gullette at 1-602-230-2916.

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What Should I Look for in a Wrongful Death Attorney?

By Nina Zade • 23 Dec, 2021

Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. Experience: Wrongful death cases are not a given to win; in all cases, the defendant will have his or her lawyers who will deny all the allegations. Thus, you need a lawyer who has experience not only in court matters, but also one who knows how to negotiate and undertake the investigation to determine who was at fault and negligent. Not all personal injury lawyers have the experience to win wrongful death cases and you should always ask how much experience the lawyer has and his success rate. You need someone who can argue your case with confidence and be able to back it up with evidence. Ability to Communicate: There are many good wrongful death lawyers but not all of them can communicate effectively. They often use legal terminology without explaining what it means. Also, many lawyers are very busy and often have very little time to communicate with the client. Sometimes the client is never given an update on the case or only hears from the junior staff. You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case. Amicability/Approachability: Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to. You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer. Time: You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish. The Right Rapport: Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months. When you first consult with the lawyer, assess his/her demeanor, patience, and use of words; if he or she is on the mobile phone every other minute, this is the last person you want as your lawyer because obviously they have no time for your case. Conclusion Finding a good Arizona wrongful death lawyer to handle wrongful death cases is not difficult as long as you do your homework. Before walking into the lawyer’s office, you should know something about his or her education, training, and what online reviews have said. In most cases, you will be able to tell at the first consultation if this is the lawyer you want. Besides amiability and a good personality, you also want someone who has good experience and excellent communication. If you have had a sudden death in your family due to the negligent actions of another person, call the Law Offices of Richard A. Gullette at 1-602-230-2916. Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.

What Should I Know Before Visiting a Wrongful Death Attorney?

By Nina Zade • 23 Dec, 2021

Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons. For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke. In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources . In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. In the majority of cases, the survivors have little idea how much compensation is adequate and if it comes with any restrictions. For this reason, many people turn to lawyers and file a wrongful death lawsuit. But many people are not sure how to file a wrongful death lawsuit and/or what legal rights they have. Therefore, if you are not sure about the process, the first step is to consult an Arizona wrongful death attorney. Before you visit the wrongful death attorney, here are a few things you should know. CHOOSING A WRONGFUL DEATH ATTORNEY Selecting a wrongful death attorney for your case can be a challenge because there are so many lawyers in Arizona. Many lawyers frequently advertise their services on the radio, TV, internet, and billboards, but how is an ordinary citizen supposed to know who will be the best choice and who is the most experienced? The fact is that not all lawyers have experience in court and some are just in the beginning phase of their career. Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury. Has the attorney undertaken a similar case before and how much experience does the lawyer have? Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case. Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation.