Wrongful death lawsuits are a way for families to seek justice. In a tragic scenario where a loved one dies because of bad behavior or negligence on the part of another person or a business, the people left behind may have the right to take legal action.
Some families eventually reach the decision that filing a lawsuit is the best path forward. The personal representative of their loved one’s estate can file on their behalf. While most people don’t want to seem litigious, circumstances can easily justify taking legal action against a person or business at fault for someone’s premature death.
Wrongful death lawsuits may result in financial compensation and a sense of closure for grieving survivors. What circumstances may motivate families to initiate wrongful death lawsuits?
1. When the state declines to prosecute
Perhaps an individual died in a preventable car crash. Their loved ones may insist that the driver was dangerously reckless or possibly under the influence of drugs. However, prosecutors may not feel like they have enough proof to bring criminal charges.
Typically, criminal prosecution is only possible when there is evidence beyond a reasonable doubt that one party did something illegal. Families alleging misconduct that caused a premature death can sometimes prevail in civil court with less evidence.
They only need to show that a preponderance of the evidence supports their allegations. If the state doesn’t bring charges, a successful lawsuit can lead to consequences for the person at fault and closure for surviving family members.
2. When insurance is insufficient
Perhaps an individual died while dining at a business where a balcony collapsed. Maybe their death was the result of a car crash. In such scenarios, insurance carried by the party at fault typically helps cover the losses sustained.
However, insurance may not be nearly enough. Policy limits impose an absolute maximum on what people can recover after an incident. When that limit is less than the losses sustained, a lawsuit could be the best option.
3. When a wage earner dies
Insurance and other basic forms of compensation can provide a small amount of financial support for those grieving a loved one’s untimely passing. Insurance can pay for hospital bills and funeral services.
Families need to consider the long-term implications of the tragedy. In addition to funeral expenses and medical bills, there could be decades of lost income to consider.
Families shouldn’t have to absorb the lost income that a wage earner could have provided. They can request compensation for those lost wages and lost benefits to limit the long-term harm caused by their loved one’s passing.
Filing a wrongful death lawsuit often takes courage and conviction. A successful lawsuit may provide families with emotional vindication and financial support after a preventable tragedy.