Car crashes are an all-too-common occurrence. Even safe drivers – and of course passengers — are vulnerable to injury or death if they cross paths with the wrong person.
When crashes lead to death, those left behind may want justice. A wrongful death lawsuit is a means of securing some closure and possibly also financial compensation for the impact of a recent, tragic crash. Why do families already dealing with the grief of losing a loved one choose to file wrongful death lawsuits that force them to litigate a very personal matter in civil court?
1. Significant uncovered losses
Many drivers do not have enough insurance to offset the financial impact of a person dying prematurely. State law only requires a minimum of $25,000 in property damage coverage.
Bodily injury coverage can be as low as $25,000 in cases where one person suffered injuries or $50,000 if a single crash injured two or more people. When accounting for the loss of an individual’s lifetime earning potential, insurance coverage may be insufficient. A lawsuit may be the best means of recouping those losses.
2. A desire for closure
Wrongful death lawsuits allow for vindication when acts of negligence lead to tragedy. Often, negligent conduct may not be sufficient justification for state prosecutors to bring criminal charges against those accused of causing a premature death.
Other times, prosecutors may settle pending charges by agreeing to a plea deal that limits the criminal consequences for the party at fault. A wrongful death lawsuit can result in the courts declaring the other party at fault, thereby providing a sense of closure and justice.
3. The impact of non-economic losses
Perhaps a tragic death involved a commercial vehicle with significant insurance coverage. This can address economic losses, such as lost wages and end-of-life medical care costs. However, insurance may not provide any assistance with non-economic losses, such as emotional distress, loss of companionship/consortium and even pain and suffering.
A wrongful death lawsuit provides an opportunity for those grieving a tragedy to seek compensation for non-economic losses in addition to their provable financial losses.
Discussing the circumstances of a loved one’s unexpected passing with an experienced attorney can help surviving family members understand their options. A successful wrongful death lawsuit can lead to financial compensation for losses and may even help assuage the grief of those left behind after a tragedy.
