A wrongful death lawsuit is seldom easy. If you’re trying to make an individual or a business entity pay for what happened to one of your loved ones, then it’s important work that you’re doing. Still, it’s probably going to take a toll on you in several ways.
Let’s go over five of the things that you’ll probably have to deal with as you enter this challenging life phase.
With wrongful death claims in most states, there is a limitation statute. For instance, in Texas, you must file within two years of the individual’s death. There are occasionally exceptions, but generally speaking, you’ll want to get moving on this type of lawsuit sooner rather than later.
Be prepared for the lawsuit to eat up a lot of your time. You’ll need to do things like:
In some ways, you’re undertaking a tremendous burden when you decide to move forward with this variety of lawsuit. Still, if you feel strongly that your loved one’s death was someone else’s responsibility, you’re probably willing to do anything it takes to hold them accountable.
You should also be ready for a possible emotional rollercoaster ride that goes along with this sort of endeavor.
Your loved one’s death will be fresh in your mind. Unfortunately, this type of lawsuit will require that you dwell on it rather than moving past it. You will doubtless think about your loved one every day, and feel their presence as you try and do this in their memory.
You might feel:
At the same time, you’ll be dealing with the defendant’s lawyers, who might use seemingly cruel tactics to try and get their client off the hook. There could be a great deal of money at stake, and it’s rare for a defendant to suddenly decide to plead guilty and accept responsibility for what happened.
It will be difficult for you to be in court, hearing the defendant’s lawyer try to justify what to you seems like negligent or even reprehensible behavior. Be prepared to feel anger.
You might also lose money before you see any. That all depends on what kind of arrangement you have made with your lawyer.
If you’re paying on a contingency basis, you will pay nothing unless they win the lawsuit. That’s probably going to make the most sense for you. If you’re paying the lawyer regardless of whether they win or not, then you might end up losing money if they fail to get a judgment in your favor.
If you’re not able to get a wrongful death lawyer who works on contingency, then you might need to drain your savings to pay them. You may take out a second mortgage on your house or sell some valuables. It depends on how intent you are to pursue this thing to the end in your dead loved one’s memory.
Your loved one might have died because of a big company’s negligence. Maybe their employer failed to protect them from some threat, and that is what killed them.
In some ways, that’s an easier scenario to deal with when you’re trying to prove wrongful death. You have no personal connection to the company. They’re nothing more than a faceless corporation to you.
It’s much more difficult if you’re bringing a lawsuit against someone you know. Maybe your loved one was in the car with a friend driving. That friend’s intoxication led to a fatal car crash.
Even with that friend clearly in the wrong, you’re bringing suit against someone you know. Maybe it’s not a friend, but a family member instead. This lawsuit might cause a rift between those you know.
You might feel sure that you’re doing the right thing, but it’s still not going to be easy. Be prepared for recriminations and fights with family members or friends. You’re taking a stand, which counts for something, but there might be blowback if people close to you disagree with what you’re doing.
You also have to be ready for what it’s going to feel like if you lose the lawsuit. Maybe you feel certain that someone else is responsible for your loved one’s death, but the court does not feel the same way. Perhaps they simply don’t feel like there’s enough evidence to support your assertion.
To try and guard against this, you should pick your lawyer very carefully. Make sure to get someone who has a winning track record with these lawsuits. You can do some research online before hiring them.
Even great lawyers lose lawsuits sometimes, though, and if that happens, you’ll probably have to deal with all types of unpleasant emotions. You’ll be angry at your lawyer, the defendant’s lawyer, and the defendant who got away with it. You’ll be mad at the justice system that failed you.
You may also feel like you let down your deceased loved one. These types of feelings can be tough to shake. You probably weren’t pursuing justice for the money. You wanted to hold the guilty party accountable so that everyone would know it.
You’ll have to take some time and think about all of these things before you move forward with a lawsuit. Being sure of someone’s else’s responsibility concerning your loved one’s death might not necessarily mean you’re ready for this monumental undertaking.
If you want to go ahead and do it, steel yourself for a fight. It will take all of your physical and mental fortitude to get through this. Let’s hope that things work out in your favor, and you’ll feel satisfied with the results.
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