Immediate family members typically provide several different types of support for one another. They share financial resources. They share obligations related to the maintenance of their primary residence. They also provide one another with companionship and emotional support.
People generally picture their lives with their close loved ones being present indefinitely. Unfortunately, sometimes people lose their loved ones unexpectedly. If there is reason to believe that a specific person or a business caused the death of an individual due to negligent behavior or outright misconduct, including violations of the law, the people left grieving afterward may sometimes have the option of filing wrongful death lawsuits.
State law empowers those affected by a tragedy to seek justice in the civil courts, but the process is often a complicated one. The following are some of the challenges that people may need to overcome as they pursue justice in the civil courts after a tragic loss.
1. The inertia caused by grief
Grief can manifest in many different ways. Depression and social withdrawal are common. It can be difficult to plan for the future while still learning to live without a loved one. Wrongful death lawsuits are subject to a relatively strict standard of limitations. Families need to be ready to take action quickly, or they may lose their right to initiate a wrongful death lawsuit. Current state statutes only allow families two years after the date of a death to file a wrongful death lawsuit.
2. Setting an appropriate value
Determining how much compensation to request is one of the most difficult aspects of filing a wrongful death lawsuit. Families can request reimbursement for verifiable expenses, including funeral costs. However, they also need to consider the lost income of the deceased party. They may also have the right to seek compensation for certain non-economic damages that the family faces because of the tragedy. Many families find it difficult to put a price tag on what they have lost.
3. Navigating the legal process
A successful lawsuit requires the submission of paperwork to the courts. Plaintiffs need to gather sufficient evidence based on the standards imposed during a civil trial. They may also need to prepare for out-of-court negotiations, as many lawsuits eventually settle instead of going to trial.
Those dealing with grief and unfamiliar with the legal system are not in an ideal situation to manage any of these tasks. Families trying to seek justice in the civil courts may benefit from consulting with an attorney. Lawyers can assist with the evaluation of the strength of a case and the preparation for trial. Securing appropriate representation can potentially help families seeking closure through wrongful death lawsuits to obtain any compensation to which they are entitled.