Wrongful death is a devastating experience for any family. Losing a loved one is heartbreaking, but the tragedy is compounded when it involves the negligence of another party. The pain that comes from knowing the death could have been prevented can be overwhelming, but it’s even worse when family members are left in dire financial circumstances as a result. While no amount of compensation will ease the pain caused by the loss, you have the right to demand accountability from the negligent party.
The Aftermath of a Wrongful Death
When a beloved family member dies due to the negligence or wrongdoing of another party, coping can be difficult. Not only do families have to deal with the emotional loss, but they are often left facing financial hardships. Unexpected expenses, including hospital bills and funeral or burial costs, can decimate savings and max out credit cards. The long-term effects of a wrongful death, such as lost wages of the family breadwinner, can cause the loved ones left behind to struggle financially or even lose their home.
Filing a Wrongful Death Lawsuit
To help alleviate some of the financial burdens caused by the unexpected loss, families may elect to file a lawsuit. Bringing a case to court also serves to hold the responsible parties accountable for their negligence. Often, filing a suit is the only way to seek compensation for the loss of expected income and companionship and for emotional pain and suffering.
Who Can File a Lawsuit?
The immediate family member of the person who passed away usually files suit through his or her attorney. This person could be the decedent’s spouse, partner, biological or adopted child, or biological or adoptive parent. The executor of the decedent’s estate may also file a lawsuit.
Seeking Legal Assistance
While families can file a lawsuit on their own, most choose to work with an experienced attorney for several reasons. First, the thought of entering into a legal battle can be quite overwhelming, especially given the difficulties of navigating the court system. Also, in some wrongful death cases, multiple parties may be liable. An attorney can place the focus on the negligent parties who have the resources to pay damages. Some families also decide to seek legal assistance with their case in pursuit of punitive damages. These damages punish the defendants monetarily and send a strong message that the legal system will not tolerate future negligent behavior.
If you have lost a loved one due to the negligence or wrongdoing of another party, taking steps to ensure your family’s future well-being may involve filing a lawsuit against the responsible party. To learn more about how to protect your family’s future, contact the experienced attorneys of the Montgomery Law Offices today. Our compassionate team will fight on your behalf and ensure that you get justice for your loved one’s wrongful death.