Fatal Work Accident Leaves a Grieving Family and a Tough Wrongful Death Claim
This case began with a family man, father of two boys and married to a devoted wife. They were a beautiful family who attended church regularly. The father worked as a non-union laborer and did odd jobs like painting to help support his family. One day at work, the father died in a fatal work accident after he fell off a ladder and struck his head on the pavement below.
When we take on a wrongful death case the most important issue on our minds is making sure our clients receive fair compensation for the loss of their loved one. Insurance companies often try to pin the death of a person on their own negligence or attempt to short-change the value of the family’s loss. That is why having a knowledgeable wrongful death attorney on your side is invaluable.
No Witnesses Means No Evidence
The family was devastated; the head of household and main income earner was no longer with them. To make matters worse, there were no witnesses to the accident to prove that it was a wrongful death. We needed a way to prove that the accident was purely that – an accident, and that the family was entitled to compensation through a wrongful death claim.
This is where thorough investigation and unwavering dedication to our clients played a significant role in settling this case. We were able to obtain the OSHA investigation report, which provided a detailed inspection report on the job scene, equipment, and safety gear present during the accident. Additionally, we were able to locate the foreman from the jobsite and obtained a signed affidavit stating how the accident happened.
We Had a Full Case, but Still Faced Two Appeals
With solid evidence finally in hand, we took the family’s wrongful death claim to the insurance company. We were able to get the claim in progress before the defense could begin discovery. This allowed us to request a summary judgment and the defense could not oppose because they had no witnesses to counter our evidence.
We won the initial case, but the situation was far from over. The defendant appealed the decision and we entered the appeals process. Again, we won the appeal. Finally, we were able to secure a settlement for a deserving family who needed all the help they could get.
The wrongful death attorneys at Buttafuoco & Associates settled the case for multiple millions of dollars. The majority of the damages in this settlement came from loss of earning capacity, which is amazing because the father had a spotty employment record due to a majority of his income coming from “off the books” odd jobs. We were still able to prove the average earnings that he would have made in the rest of his lifetime and won those damages for his family.
While nothing can replace the love and guidance of a father, or the companionship and support of a husband, the family can at least take comfort in knowing they will not have to worry about finances for quite some time.