How grief can deprive families of justice after a tragedy

On Behalf of | Oct 23, 2024 | Wrongful Death

Grief is one of the most difficult emotions to manage. It can manifest in many different ways. The grieving process may begin with a feeling of denial where people cannot accept their loss. From there, they may experience anger at the world or specific people. The closer the relationship an individual had with the person who died, the harder it may be to handle the grief that follows their passing.

For spouses, children and other close relatives, grief can last for years. It can even cause permanent changes to their personalities and understanding of the world. Many people dealing with an unexpected loss try to wait until their emotions become more predictable before making any major decisions. Unfortunately, waiting for too long can potentially deny families the opportunity to seek justice for a family tragedy.

Wrongful death lawsuits offer closure to families

Those left behind when someone dies unexpectedly have certain rights. In some cases, they may be eligible for insurance compensation. Other times, they may want to file wrongful death lawsuits. Even when there is insurance available, coverage may not come anywhere close to offsetting the financial impact of a loved one’s death.

A wrongful death lawsuit is a legal means of holding a business or individual responsible for causing the death of a person. Grieving families can request compensation for lost wages, medical expenses and other economic consequences tied to a family member’s death.

Unfortunately, state statutes limit wrongful death lawsuits. Families typically only have three years from the date of an individual’s death to take legal action. Those who let their grief overwhelm them may lose the opportunity to pursue justice and closure.

Lawsuits are possible when other justice is not

Some families assume that they cannot take their tragedy to court because the state did not prosecute the party at fault for the incident. However, the burden of proof is different in a civil lawsuit than in a criminal case.

Families don’t have to prove that the other party was to blame beyond a reasonable doubt. They simply need to show that a preponderance of the evidence supports the claim that a business or individual caused the death of their loved one through negligence or illegal behavior. Families denied the justice of criminal prosecution may derive some comfort from a successful wrongful death lawsuit.

Taking legal action can help families demand accountability and potentially obtain closure after a tragedy. Wrongful death lawsuits are often a worthwhile undertaking for those who have lost someone unexpectedly due to the bad behavior of others.

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Nathan A. Cobb