Any loss is tragic, but the unexpected death of a family member in a car crash or similar incident can devastate a family. Those dealing with a sudden loss have grief, financial concerns and social obligations to consider.
Not only do they have to worry about taking care of their family every day, but they also have to alert everyone about the death and set up a memorial service or funeral. Those who have lost a loved one in an incident where a person or business clearly has fault may have the right to file a wrongful death lawsuit under California law.
There are multiple reasons why a family should consider filing a claim after the death of a loved one.
A wrongful death claim is a form of justice
Sometimes, a person can cause a death without actually committing a crime. Other times, the state may not have had enough evidence to prove that the other driver was drunk or reckless in a criminal court.
Whether someone avoided charges or not, your family has the right to pursue its own justice in civil court. A successful wrongful death claim will result in the courts ruling that the other party was responsible for your loved one’s death. While that doesn’t fix anything, it can’t give your family a sense of justice and satisfaction.
Wrongful death claims protect your family from unfair burdens
As if the grief of your loss isn’t bad enough, your family will also have to adjust to major financial consequences. Fatal car crashes often mean the vehicle is no longer street-worthy. Your loved one could have accrued substantial medical expenses before dying.
There’s also the cost of the funeral, their lost future wages and their companionship for your family to consider. You could have the right to make a claim for the value of all provable financial impacts of their death, which can help protect your family during this difficult time.
Financial penalties can be a powerful punishment, especially for a business
The sad truth is that many people or businesses responsible for the death of someone don’t change their behavior even after causing a tragedy. Only when they experience significant, personal repercussions will an individual or a business commit to making change.
Whether your loved one died because a trucking company violated the Hours of Service rules or an individual broke the law, successful lawsuits create a financial penalty that will serve as a long-term reminder about the consequences of their actions. Your claim could change a person or business’s behavior so that they don’t endanger anyone else in the future.
If you think that a wrongful death lawsuit might benefit your family, you owe it to yourself and your deceased loved one to look more closely at the situation to see if you qualify for such a claim.