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When is it Worth Filing a Wrongful Death Lawsuit?

Published on Sep 20, 2016 at 1:25 pm in Wrongful Death.

Losing a loved one is devastating, but when that life is lost through the direct actions of another’s wrongdoings or an act of negligence, the whole world can seem like it’s collapsing. We’re left wondering if there’s anything we can possibly do to make things right—if it’s within our power to force the wrongful party to recognize the wrongs they’ve committed.

The U.S. court system gives us that option. A wrongful death lawsuit is a civil lawsuit which acts on behalf of a loved one whose life is tragically lost, seeking compensation for losses that the survivors have endured. Such a lawsuit can target a person such as in the case of a car accident, an agency like an insurance agency, or a corporation that is responsible for manufacturing or placing a harmful product on the market. In all instances, an act of negligence or wrongdoing must be proven.

Wrongful death cases can be difficult to fight in court. If you’re questioning whether or not your specific case could be considered a wrongful death case, ask yourself these three questions:

  • Is my financial situation significantly impacted by my loss?
  • Is there a person, agency, or company/corporation directly responsible for the death of my loved one through a wrongful or negligent act?
  • Is there a chance this person, agency, or company/corporation will continue to do the same thing, potentially injuring others in the process?

These three questions essentially cover what you’ll need to prove during trial. Your wrongful death lawyer will need to prove that a person or agency was at fault for your loved one’s death through a wrongful or negligent act. They will also need to prove that the death resulted in a monetary loss and that you are legally entitled to receive compensation on behalf of your loved one. Those who are legally entitled to receive compensation in a wrongful death case include children, spouses, and other legal beneficiaries.

Asking yourself the above questions is a good way of knowing whether or not it’s worth it for you to file a wrongful death lawsuit. Oftentimes, by asking yourself the last question, especially, you can determine if pursuing legal action would make the recovery process any easier. By forcing the responsible person or company to provide compensation for their wrongdoings, the guilty party may be forced to rethink their actions by taking a dangerous drug off the market, for instance, or calling a taxi the next time they think about getting behind the wheel while intoxicated.

Winning a wrongful death lawsuit can also cause other legal and government agencies to stand up and take notice. When multiple lawsuits are filed against popular drug companies, for instance, the FDA will generally step in and evaluate the drugs that are being marketed by that company. Lawsuits provide a way for Americans to speak up and be heard when they might otherwise feel like they don’t have a voice against powerful corporations.

Filing a wrongful death lawsuit won’t bring back your loved one, but it may cause a chain of reactions that can potentially save others from suffering in the future. If you’re in the Louisville, Kentucky area and are ready to take the next step, don’t hesitate to get in touch with Thomas Law Offices. Louisville, KY wrongful death lawyer Tad Thomas and his expert team of attorneys have experience going up against major corporations like those belonging to the pharmaceutical industry and will do everything in their power to fight on behalf of your loved one.