Wrongful death lawsuits and the challenges facing families

May 30, 2013

When a family loses a loved one unexpectedly, there will be many issues that will need to be resolved as the loss is mourned. It can take time for families to handle all of the emotions that often arise during this difficult time. While no person can ever be replaced, if another person's negligence caused this death, families may be able to recover compensation for their loss.

These wrongful death lawsuits may present unique challenges to families as they pursue damages from those responsible. In some situations, finding the parties who actually caused the accident that led to the death can take some time. This means that the families may need to perform extensive investigations to learn more about the cause of death, which can be costly and frustrating if individuals are withholding information.

Another challenge that families may encounter as they proceed with these lawsuits is determining the amount of compensation that they are entitled to receive. It will be necessary to estimate their loved one's future lost wages, as well as the potential loss of consortium to the family. This can be difficult to show, and will require the testimony of experts to establish the amount of compensation that should be awarded. The courts may depart from these amounts, so it is important that families present the strongest case possible when pursuing these damages.

Timing is also an issue that families face in these lawsuits. If the suit is not brought in time, the family may be unable to file. Each jurisdiction will have its own statutes of limitation, which place a specific time period on when families will be allowed to pursue damages against those who caused these deaths. If the family waits too long to bring these wrongful death suits, the statute will automatically bar the lawsuit from proceeding.

Because of these concerns, it is essential that families speak to someone who can guide them through the process. If your family has recently experienced the death of a loved one due to another's negligence, contact a wrongful death attorney to discuss your options. Each of these cases will require a careful review of the situation to learn more about the death and the compensation that may be available.

You may be struggling financially and emotionally at this time, but it is important to remember that you should not simply just settle your case if you receive an offer from the other side's insurance company. This offer may not come close to the damages that you are entitled to, and, if you accept, you could restrict future recovery later.

An attorney can protect your interests and ensure that you understand the true value of your claim. Once you are aware of the compensation you deserve, you can make a decision that is in your family's best interests.

Article provided by Riddle & Brantley, LLP
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