Law Offices of John Rapillo

California Wrongful Death Attorney John Rapillo, trial lawyer for victims, discusses the value of wrongful death damages in settlements and lawsuits in California. Read the rest of this entry »

California law regarding employer liability when an employee or other person is injured, involved in an accident, or killed while on the job or in the workplace. Read the rest of this entry »

Are employers liable for accidental deaths in the workplace on on the job?

Under California's Workers' Compensation Act, employers are liable for workers' death benefits only for employees injured in the course of employment (Cal Lab Code § 3600). Employees are any workers under a contract of hire with the employer other than independent contractors. Generally, in workplace injuries or death, the presumption is in favor of employee status, and the burden is on the party seeking to avoid liability to prove independent contractor status. The Legislature has specifically mandated that the statutes be liberally interpreted in favor of coverage for employees injured in the course of employment...

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In addition to statute of limitation restrictions, there are defenses that may be used to combat a wrongful death suit. The available defenses are limited to those that could have been made against the decedent had he lived and brought his/her own claim for personal injuries. The main defenses are causation, comparative negligence. The availability of either of these defenses may bar a plaintiff from recovery or reduce the amount of damages awarded. Read the rest of this entry »

Damages in wrongful death cases is intended to compensate for losses resulting from the death of a family member. Some losses are measurable - a widow in a wrongful death suit, for example, could seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature. Types of recoverable damages include... Read the rest of this entry »

A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death... Read the rest of this entry »