San Jose, CA asked in Wrongful Death and Workers' Compensation for California

Q: My husband died on the job out of state - where would we file a lawsuit if we decided to do it?

2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: It depends on the facts, but you may be able to sue where he died, where he lived, or where the defendant lives/ does business. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Peter N. Munsing
Peter N. Munsing
Answered

A: Depends on how he died. If he was killed due to the carelessness of a person not a co-worker, or from a product that malfunctioned, then that case would be brought int he state where he died. If he was hired out of your state there would possibly be a workers compensation claim and that could be addressed by a lawyer in your state.

Look for a member of the Assn for Justice or Trial Lawyers Assn for the state, they give free consults. Look for ones in the county where the death happened.

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