An electrocution lawsuit can be brought by a family member of an electrocution victim if resulting in death. Someone is accountable for an electric shock accident if:
- negligence
- recklessness
- a substandard item
The surviving family members of the victim of an electrocution accident may file a wrongful death lawsuit to recover damages. Funeral fees, burial costs, and loss of financial assistance are all eligible for compensation in a wrongful death claim.
Lawsuit for an Electrocution
Anyone hurt in an electrical shock accident can file a personal injury lawsuit for damages. However, the accident’s offender may have to compensate the other party.
The victim of an electric shock will pursue financial recompense for their losses and harms in a personal injury lawsuit. Following an electrocution injury accident, damages could include:
- medical expenses
- loss of earnings due to missing work
- future earnings loss
- anguish and pain
- any further losses or costs connected
Some surviving family members may be eligible to pursue a wrongful death case if a family member died in an electrocution accident. The family can seek damages for their loss through a wrongful death lawsuit, which also serves as a means of holding the accident’s cause accountable for their deeds.
What are the Damages of Electrocution?
Construction workers frequently become victims of electrocution at work sites. Construction accident lawsuits in these situations may concentrate on recovering worker’s compensation benefits as well as financial compensation from the employer, contractors, and others accountable for the working site’s harmful circumstances.
Two factors determining the damages of recovery in an electrocution lawsuit are how severe the injuries were and whether they were fatal.
Compensation damages are meant to put the victim of an electric shock accident back in the same situation they would have been in if the event hadn’t happened.
Punitive damages may also be available in specific circumstances. When the defendant acted in a particularly egregious manner, punitive damages, also known as exemplary damages, may be available. Injuries brought on by the defendant’s malice, oppression, excessive carelessness, or deception are included in this. The jury takes into account these factors while determining how many punitive damages to award:
- How vile were the defendant’s actions were
- The connection between the harm to the plaintiff and the number of punitive damages
- What sum will punish the perpetrator and deter such wrongdoing in the future
Bring a Wrongful Death Claim For a Family Member
Electric shock results in electrocution, which is death. However, the deceased victim of an electrical accident is not eligible to bring a personal injury claim on their behalf. Nevertheless, a wrongful death case enables the remaining family members to obtain compensation. When a loved one passes away as a result of another’s negligence, some family members may be eligible to launch a lawsuit for damages.
Depending on the state law in question, certain family members may be qualified to make a wrongful death claim. The following relatives may bring a wrongful death claim in California:
- Surviving partner
- Domestic companion
- Children
- Grandchildren
- Anyone else who would be qualified to inherit the decedent’s assets under California’s laws on intestate succession.
An additional “survival” cause of action can be brought in addition to a wrongful death claim. To make up for damages incurred by the victim as a result of the wrongdoing, this kind of claim is made on behalf of the decedent’s estate.
In Case of an Electrocution, Who is at Fault?
The location of the accident, the parties involved, and the source of the electric shock are all important considerations for determining who is responsible for an electric shock accident. Negligence is typically a number one cause of an electrocution lawsuit filing. Any losses resulting from the wrongdoing of the negligent person are their responsibility.
Following an injury accident, the plaintiff alleging negligence must prove the elements below to get damages:
- The defendant had a duty of care to the plaintiff
- Through negligence, the defendant violated that duty of care
- Negligence on the part of the defendant played a significant role in any injuries or fatalities
Employers are accountable for an employee’s negligent acts when they result in an accident. A company is vicariously accountable for its workers’ negligence under “Respondeat Superior” rules.
The owner of the property may be held accountable for any hazardous conditions that existed there when an electrical shock happens on someone else’s property. According to “premises liability” rules, property owners and occupiers have a responsibility to keep their property in good shape and notify visitors of any potentially hazardous situations.
Contact a Los Angeles Attorney Today
Contact a Los Angeles Attorney today for a consultation on your case. Wrongful death cases are one of our many practices. Please dial 310.943.1171 to speak to our specialized attorneys.