Understanding A Wrongful Death Lawsuit
Brian O Sutter
Wrongful Death
Few things are as difficult as losing a loved one. However, it's a sad fact of life that eventually we must say goodbye. But when someone close to you dies due to the actions of someone else, it's important to understand that you may not have to struggle financially to move forward with your life. A wrongful death lawsuit is something you may be able to pursue.Wrongful death lawsuits are about much more than a cash grab, and are even about more than getting some kind of justice. In reality, they're an important way to pick up the pieces, grieve, and begin to get your life back together after losing someone you love. Losing a loved one can bring with it significant financial challenges including things like a lost source of income, heavy medical expenses, and large funeral costs. If the death was caused by the reckless actions of someone else, you shouldn't have to shoulder the burden on your own. That's where a wrongful death lawsuit comes into play.
Speaking with an attorney is the best way to go about taking steps towards getting that compensation. They can review your case and help you understand whether or not you have the right to pursue legal action against the person who caused your accident. They'll also explain what to expect in terms of your chances of getting a settlement, how long it can take, and more. Additionally, using an attorney brings several other benefits including:
- • Higher chances of getting compensation
- • Faster results
- • Better, more substantial settlements
- • Less stress as you go through the grieving process
So, just what constitutes the grounds to pursue financial compensation for a wrongful death? It really comes down to proving that the party responsible for causing the accident acted in a reckless or negligent manner, and that their actions directly led to the death of your loved on. It must be shown that were it not for those reckless actions, the deceased would still be alive.
To understand what this really means, you need to understand the 'reckless and negligent' part of the statement. This can include a variety of things including:
- • Speeding
- • Driving drunk
- • Reckless driving
- • Texting while driving
- • An employer failing to repair a faulty safety measure
- • A property owner failing to fix a loose stairwell handrail
- • And more
The key is that the responsible party must have been reckless or negligent. For instance, if a business owner didn't know that a safety feature wasn't working, they couldn't have repaired it. But if they were aware of its issue and did nothing to correct it, then they could be held responsible. Auto accidents caused by reckless driving are another example – speeding a couple of miles over the posted speed limit may not be grounds for compensation. But speeding significantly and texting at the same time could be.
The exact amount of a settlement will vary greatly depending on the situation. A number of different things will be used to determine it including:
- • Medical costs
- • Funerary expenses
- • The amount of lost wages and the financial impact the loss of a loved one will have on you and your family over the future
- • Emotional pain and suffering
- • Punitive damages – awarded as a kind of punishment to the person or entity responsible
Each case is unique, and there's no real way to know exactly whether or not you have the grounds to seek compensation until you speak with an attorney personally. They'll review your case and use their experience to determine what steps should be taken to pursue restitution.
Healing and moving on with your life after losing a loved one can be difficult. This is especially true when their death has placed a significant financial burden on you. That's why it's so important to contact an attorney and get the compensation you may be owed for the wrongful death of someone you love.