Those harmed by the misconduct of other people can sometimes take their situation to court. Personal injury lawsuits allow those hurt by the negligence or illegal behavior of others to hold them accountable and seek financial compensation.
Occasionally, the person directly affected by an outside party doesn’t file a lawsuit. Instead, they may succumb to their injuries, leaving behind grieving family members. Their loved ones may decide to pursue a wrongful death lawsuit in accordance with Indiana state statutes.
What motivates grieving families to file a wrongful death lawsuit after someone’s untimely passing?
Insufficient financial compensation
Many wrongful death lawsuits are the result of practical challenges. Those who have just lost a loved one may have access to insurance coverage in some cases. However, the driver who caused the crash may not have had insurance or may have only purchased what the law requires. It can be difficult to receive the maximum amount of coverage available, and even then, a minimum policy with $25,000 of bodily injury liability protection may not be enough to cover someone’s medical expenses and lost wages.
A need for closure
Indiana prosecutors may bring criminal charges against those who cause fatalities. A drunk driver might end up in prison after causing a crash, for example. Those who caused deaths while committing a crime may also face prosecution. There are many potentially deadly circumstances that do not lead to enough evidence for state prosecutors to bring criminal charges. If a family did not receive the justice and closure possible after the successful prosecution of an individual, a wrongful death lawsuit may help give them closure in the form of a court ruling affirming that the other party is to blame for their loss.
A desire to create consequences
Sometimes, the party responsible for a tragedy is a business, not an individual. Prosecution may be less likely in scenarios where the misconduct or negligence of a business caused someone’s death. Therefore, those grieving a tragedy related to business misconduct or negligence may want to take the matter to civil court. A judge can impose financial penalties after a successful wrongful death lawsuit that could help prompt a business to change its practices.
Those adjusting to life after the unexpected death of a family member have options beyond just accepting their grief and financial losses. Taking legal action by filing a wrongful death lawsuit can be a reasonable response to a recent family tragedy.