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Wrongful Death

Wrongful Death

A wrongful death claim can be filed by grieving family members under certain circumstances on behalf of a loved one who was killed. In order to have a legitimate claim, there must have been either a willful or a negligent act that contributed to or directly caused the death. Those who file the claim on their loved one's behalf are called "beneficiaries." The statute of limitations to file these claims is typically two years, but that will vary state to state. These types of claims are civil, rather than criminal. This means that even if criminal charges have been pressed, you may still be able to benefit from a wrongful death claim. The accident may have been intentional or unintentional. The main importance is that someone was killed because of the fault of someone else. Examples of those who may be considered beneficiaries are spouses, children or next of kin.

Workers Killed in Farm Accidents

Farming equipment is dangerous and can often result in fatalities. Even when the proper precautions are taken, workers can become injured. In many instances, this is because the machines were not as safe as they could have been. Accidents on farms must be investigated, and these investigations may result in improvements to current safety standards in order that similar accidents will not occur. Some tractors, skid steer loaders and combines come equipped with guards to protect workers from rotating parts. When these guards break or are not in place, farmers can be caught in the rotating shafts of the equipment. These types of injuries commonly result in death.

Some safety improvements have required the implementation of interlock devices and automatic shut off devices. This type of technology would prevent a machine from turning on or continuing in operations if, for example, the operator left the driver's seat. Some machines may even have a safety that stops them from working until the guards are put in place. These may improve safety, but they are not required on all types of agricultural equipment. Some products are dangerous by nature while other products are defective.

Fatalities Resulting from Agriculture-Related Illnesses

Another cause of death is illness. Both workers and those in surrounding communities can become ill from agriculture-related causes. One of the major causes of fatal illnesses is chemical exposure to substances such as pesticides. Pesticides are effective in preventing crop-harming insects, weeds and bacteria, but they can also contaminate the soil, water and air. Chemicals that are used in excess of the recommended safe amounts can cause serious harm to humans. Health conditions can include nervous system disorders, birth defects and cancer. All of these conditions have the potential to end in death. Even livestock that have been contaminated by illnesses are potential for consumer illness.

You may be able to seek compensatory damages as well as punitive damages. Compensatory damages are most common in wrongful death claims, and allow the beneficiaries to recover the amount of money lost. Punitive damages are typically awarded to those who were the victims of particularly negligent actions. The amount of these types of damages will differ from case to case. Domina Law Group pc llo is well-versed in wrongful death cases and may be able to help you recover damages. If you have lost a loved one in a farming or agricultural related accident, then trust our firm with your case. Our experience in and knowledge of the agricultural industry is unmatched. We have also successfully handled over 300 jury trials. With this kind of experience, you want Domina Law Group on your side. Contact farm attorneys at our firm today to learn more.

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Domina Law Group pc llo
Located at 2425 South 144th Street, Omaha, NE 68144.
Phone: (888) 387-4134.
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attorney website marketing The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.