Why File A Wrongful Death Lawsuit?

February 27, 2023

Wrongful Death Lawyer

Navigating the initial stages of grief after a loved one passes away due to preventable causes is a unique undertaking. In addition to the “standard” stages of grief, loved ones may grapple with a profound sense of injustice if the preventable causes in question were caused by another’s negligence, recklessness, or intentionally destructive conduct.

As a result of this particularly challenging reality, some loved ones find that they’re eager to speak with an attorney in the wake of suffering such loss because the recognize that pursuing justice may serve as an influence in their healing process. Other loved ones remain hesitant – or even adverse – to the idea of speaking with a lawyer initially for a variety of reasons.

There is no question that grief is personal and however you may be feeling in the wake of losing a loved one is both “normal” and to be expected. Please just keep in mind that if you’re hesitant to speak with an attorney about your situation for any reason, there may be very good reasons why you should seek any support you may need to work through these feelings, as filing a wrongful death lawsuit could be an important effort in which to invest your energy.

What Exactly Is a Wrongful Death Lawsuit?

As an experienced wrongful death lawyer – including those who practice at Ward & Ward Law Firm – can explain in greater detail, a wrongful death lawsuit is a civil action filed by the surviving loved ones of someone who has died due to injuries sustained as a result of another’s negligence, recklessness, or intentionally dangerous conduct.

Common reasons why wrongful death lawsuits are filed include the following scenarios that result in fatal injuries:

  • Motor vehicle accidents
  • Medical malpractice
  • Dangerous or defective products
  • Hazardous conditions on land or other real property
  • Work-related accidents
  • Toxic exposure
  • Murder

This list is not exhaustive. Essentially, any time that an injury victim would have had grounds to file a personal injury lawsuit on their own behalf – had they survived their injuries – their loved ones likely have grounds upon which to file a wrongful death lawsuit.

The Potential Benefits of Seeking Justice in This Way

Because there is no amount of money on Earth that can make up for the loss of a loved one, many surviving family members understandably question the value of filing a civil action. Especially if they have had rough interactions with the legal system before, they may be disinclined to lean on its protections when they are feeling particularly vulnerable.

Yet, there are good reasons to file a wrongful death lawsuit when strong grounds justify this action. By holding responsible parties accountable for their negligent, reckless, or intentionally destructive behavior, surviving loved ones can be awarded economic and non-economic damages that will relieve their family finances of the consequences of their loss. Grief is hard enough to deal with without adding funeral and burial costs, lost earning capacity, related medical bills, etc. to the mix. Additionally, many surviving loved ones are surprised to discover that making this effort brings them a sense of justice and closure that they hadn’t knew they were subconsciously in need of.

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