Papers Open

4 Reasons to Pursue a Wrongful Death Claim

Did someone you love recently pass away, making you wonder if you should pursue a wrongful death lawsuit? The trauma of losing a loved one can make it difficult to make certain decisions, especially where legal matters are concerned.

Filing a lawsuit can feel overwhelming, causing you to push the idea out of your mind. Although the idea of filing a wrongful death lawsuit can be overwhelming, a good attorney will make it easier.

If you’re on the fence, here are 4 good reasons to pursue a wrongful death lawsuit.

You have the right to sue for wrongful death

Each state has laws that allow you to seek compensation for wrongful death. For example, Vecchio Injury Law states that in Texas, you can seek compensation for any “wrongful act, neglect, carelessness, unskillfulness, or default” of a person that causes the death of another.

You don’t need to feel guilty for pursuing a lawsuit after losing a loved one in a way that should have been preventable. It’s your right under the law.

You’ll need the money

A wrongful death lawsuit can provide you with monetary compensation. You might not care about money, but you’ll need it regardless.

Unfortunately, even though your loved one is gone, you’ll need money to pay for their final expenses, including their funeral and important bills. If there is property involved in their estate, you can expect the state to take some of that property to pay off creditors.

If your loved one has left you or anyone else something of value that is sentimental, the state won’t care about that. Anything of value that can be sold will be sold to pay off their debts.

You can recover the following types of compensation in a wrongful death case:

• Loss of inheritance
• Loss of companionship or consortium
• Pain and suffering
• Loss of the care and services provided to family members
• Funeral and burial costs
• Loss of earning capacity

All of these forms of compensation can add up to a substantial amount of money. If you don’t think money is important, think about how you’re going to pay your bills now that your loved one is gone. If they were a source of financial support, you’re going to need every penny you can get.

Insurance settlements are usually low

Life insurance aside, you might end up negotiating a settlement with an insurance company, depending on how the death occurred. However, there are some problems with this approach. The problem with insurance companies is that you won’t get what your case is worth.

Insurance companies are structured to keep as much of their profits as possible. Their end goal is to pay out as little as possible on all claims. That means they’ll lowball all of their offers and you’ll have to fight hard just to get a basic amount of compensation.

The only way to ensure you get the amount of compensation you deserve is to file a wrongful death lawsuit. With a wrongful death attorney, you can recover a much higher settlement than you would by fighting with an insurance company.

You don’t have to do the hard work

Perhaps the best reason to file a wrongful death lawsuit is that you don’t need to do the hard work; your attorney will take care of that for you.

You don’t have to talk to an insurance company, negotiate with an insurance company, or convince anyone that your lawsuit is valid. You might need to testify in court, but your lawyer will handle everything for you.

Life insurance might not be enough

If you’re going to receive a life insurance payout, that payout might not be enough to cover all of your necessary expenses. Also, if any policy payments were missed, and the policy lapsed, you’re going to need the money from a lawsuit no matter what.

Life insurance is complicated and there are many details to consider. The type of policy will dictate how much money will be paid to the beneficiary, and some people carry policies with a small payout. A wrongful death lawsuit can help you fill in the gaps when life insurance doesn’t cover everything.

Time is short – contact an attorney quickly

There is a statute of limitations on wrongful death lawsuits, so be sure to act quickly. Don’t wait until it’s too late. If you haven’t already, contact an attorney right away to discuss your case.