Wrongful Death Laws And Your Legal Options
Brian O Sutter
Wrongful Death
The legal system is one of the most complex, confusing, and misunderstood parts of the American way of life. But one thing that most are well aware of is simply that when a person you love has lost their life due to the reckless or negligent actions of someone else, it can feel as though you deserve justice. That’s because you do, and for those who find themselves in these situations filing a wrongful death lawsuit is something worth taking the time to consider.The first step to doing so is simply to contact a wrongful death attorney. They’ll review your situation and make a determination as to the strength of your case and whether or not you have the legal grounds to seek compensation for your loss. This usually comes down to a few basic things:
- Fault is based on acts of negligence and recklessness. In short, you must show that the other party acted in a manner that was reckless or negligent and that they were aware that their actions were as such.
- You must also show that those actions directly led to the injuries that caused the loss of life in a wrongful death situation.
- Fault can be traced to individuals, businesses, organizations, and even government agencies. This is one thing that is often overlooked.
When you meet with your wrongful death attorney they’ll talk to you about whether or not these elements are present and whether or not you are able to seek financial restitution for the injuries that have led to the loss of your loved one.
If they agree that you have the grounds to seek compensation, the next step is to pursue litigation. This will involve seeking financial restitution, and the total sum of what you could be awarded will be based upon several elements including:
- Medical bills
- Funerary costs
- Lost wages due to the lost income from a loved one’s death
- Mental and emotional pain and suffering
Each of these elements is factored into the determination of what is awarded for a wrongful death case. However, it’s important to remember that in many instances wrongful death cases never reach trial. This is because most insurance companies or legal teams will instead offer a settlement amount instead of risking the potentially larger amounts a court may award.
It’s very important that you don’t automatically accept settlement amounts that you’re offered without first speaking with your attorney. This is because many insurance companies or other organizations will often offer a lower settlement than you’re really entitled to. It’s very common for them to use this tactic to try to avoid larger payouts. Your attorney will use financial experts to help review your case and ensure that any settlement you’re offered is fair and closer to what you really deserve.
Simply put, there is no way to bring back your loved ones. But in the wake of a tragedy, it’s important that you understand that you do have the right to seek some measure of compensation for the loss that you have suffered and the financial impact it might have on your life. Seeking financial restitution through a wrongful death lawsuit is an option well worth considering.
If you’ve recently lost someone you love due to an accident that wasn’t their fault, it’s important to contact a wrongful death lawyer. Our team can help. With decades of experience and a long history of securing large settlements for our clients, we’re ready to help you get your life back on track after a loss. Contact us to set up your initial consultation today.