Wrongful death lawsuits offer those who have unexpectedly lost loved ones due to another’s negligence or intentional action a chance to demand justice. They can name a person or business that caused the tragedy and request financial compensation for their loss.
Especially in cases where a tragedy does not result in the criminal prosecution of the party at fault for the incident, a civil lawsuit is one of the only options for justice and closure. Families hoping to pursue wrongful death lawsuits often hire personal injury attorneys to assist them with that process.
Why do people generally require legal representation during a lawsuit related to a recent loss?
1. The impact of grief
Those closest to the person who died inevitably have intense emotional reactions to their loss. Grief may take years to fully resolve, and many people feel its effects for the rest of their lives. Grief can affect rational decision-making and may also trigger depression symptoms.
People may put off necessary actions because of their emotional response to the tragedy. They could fail to file a lawsuit before the statute of limitations expires, two years after the death, which could ultimately mean they cannot take action. Hiring a lawyer means that there is someone neutral capable of managing the legal process while the family grieves.
2. Difficulty calculating losses
Families overwhelmed with grief typically are not in a place to be objective about their circumstances. The act of calculating current and future losses related to the tragedy can feel overwhelming for those still recovering from a loss.
An attorney can help calculate current losses, such as funeral expenses and medical costs. They can also assist with the calculation of lost wages. Families trying to estimate those losses on their own might overlook future wage increases and the value of benefits, which might ultimately deprive them of the full amount of compensation they deserve.
3. Assistance gathering evidence
A wrongful death lawsuit requires that plaintiffs show that a preponderance of the evidence supports their allegations. More evidence than not should indicate the defendant was responsible for the loss of their loved ones. Lawyers familiar with civil court proceedings can hire expert witnesses and present cases in a compelling way to the courts. Those dealing with grief and unfamiliar with litigation may struggle to gather adequate evidence supporting their assertions.
Those who have assistance while developing, negotiating and litigating a wrongful death lawsuit have the best chances of success. The sooner that families seek out support, the better their chances of preserving evidence and taking legal action before the statute of limitations expires and they lose their right to litigate.