Lawsuits exist to ensure that people can hold others accountable for negligently or intentionally causing harm. Although many people dismiss civil lawsuits as frivolous, they are often only an option in specific, harmful situations. For example, when either negligence or wrongful acts, such as clear violations of state law, result in a person dying, the people left behind may have the option of filing a wrongful death lawsuit.
Wrongful death lawsuits are the furthest thing from a frivolous legal action. They are often the best option available to those impacted by a recent, preventable tragedy. Those who have recently lost a family member may consider filing a lawsuit against the person or business that they believe caused their loss. What typically inspires wrongful death litigation?
A lack of criminal justice
Families may turn to the civil courts when prosecutors cannot provide them with justice. The personal representative administering an estate can file a wrongful death lawsuit for the benefit of surviving family members.
In some cases, the circumstances surrounding deadly tragedies are not severe enough to warrant criminal prosecution. If the state does not have proof beyond a reasonable doubt that a crime occurred, criminal prosecution may not occur. A lawsuit only requires a preponderance of the evidence supporting the plaintiff’s claims. Wrongful death lawsuits can provide justice to those denied the closure of a criminal trial.
Financial relief
People tend to focus on the emotional consequences of a tragedy. While their grief is valid, the loss they experience is also likely to have profound economic implications. Wrongful death litigation allows survivors to request compensation for their loss.
Unlike most other states, where wrongful death lawsuits focus on economic and noneconomic damages, lawsuits filed in Alabama focus on punitive damages. Any compensation awarded serves as a form of punishment for the party at fault for the tragedy, rather than as direct reimbursement for specific losses. The amount awarded in successful lawsuits can help families address the financial impact of losing a loved one.
Reviewing the circumstances surrounding a loved one’s passing with a skilled legal team could help people determine if they have grounds for a lawsuit. Wrongful death litigation can provide closure, financial relief and a sense of justice to those who lose a loved one as the result of another’s negligence or intentional actions.