Wrongful death is the worst form of trauma a family may encounter. Nothing is more painful than losing a loved one due to another person’s negligence or intentional misconduct. It can change family dynamics, affecting their financial and emotional well-being. Most people take years to recover from the shock, and some carry the pain for a lifetime.
According to WHO statistics, car accidents claim 1.3 million lives worldwide every year. In the US, 42,915 traffic fatalities occurred in 2021, an increase of 10.5% compared to 2020. It was also the highest annual percentage increase in the history of the Fatality Analysis Reporting System. The number decreased a little in 2022, with 42,795 people dying in motor vehicle traffic crashes.
Unfortunately, a significant number of road accidents occur due to a guilty party’s blunder, and families suffer immense losses. While the loss is irrevocable, pursuing legal action is a means to seek compensation and justice. However, families often struggle with unexpected hindrances during the legal process.
In this article, we will highlight the challenges that families face when proving the wrongful death of a loved one in court.
Burden of Proof
Establishing the burden of proof is one of the primary pitfalls in wrongful death cases. It means you will have to prove that the defendant’s action was the direct cause of the death of your loved one. It requires compelling evidence, such as detailed medical records, eyewitness testimonies, expert opinions, and other relevant documentation.
Most families have a hard time gathering such vital pieces of evidence to build the foundation of convincing wrongful death claims. It is even more complicated when the circumstances surrounding the death of the victim are complex.
According to Freeman Law Firm, understanding your rights as a victim’s kin is crucial. Even if the victim is dead, families should fight for justice, no matter how much effort is required to prove the guilt of the defendant.
Emotional Impact
Research shows that traumatic loss is linked with high rates of post-traumatic stress disorder (PTSD). It may also inhibit the natural process of grieving. When you lose a loved one due to a negligent mishap, starting an extended legal battle may be the last thing on your mind. It may even worsen your pain as you repeatedly go through the narrative in court.
Settling out of court might seem like an easier alternative, considering you can move on after getting compensation from the insurer. However, you may regret the decision eventually because you will probably get a smaller settlement than you deserve. Moreover, the guilty person will go free without being punished for their delivery.
Legal Technicalities and Statute of Limitations
Families pursuing wrongful death claims may be overwhelmed by the legal technicalities of a wrongful death claim. For example, the statute of limitations sets a time limit within which you can file a lawsuit. The trickier part is that the statute of limitations varies by jurisdiction. For some states, it is one year, while for others; victims’ families have two or three years to file a lawsuit.
Being unaware of these timelines can be a major disadvantage as you may end up losing your rights due to delays. Imagine the pain of not getting justice even if the death of your loved one was a result of negligence. You must seek expert legal assistance to understand the technicalities of the law and time limits.
Insurance Company Tactics
Insurance companies often have clever tactics to minimize payouts or avoid liability altogether. After all, they are commercial entities with profit-making goals, and the welfare of victims is the last thing they care about. Families may face challenges during negotiations with insurance adjusters, even if they prefer settlements to trials.
The insurance company may question liability, dispute the extent of the damages, or offer lowball settlements. Navigating these negotiations is one is the worst mistakes, even if you want to save money by not hiring a lawyer. Paying for legal expertise makes sense, and the best part is that you can look for someone working on a contingency model.
Public Perception and Bias
Public perception and bias may hinder justice for families bringing wrongful death cases against a guilty person. It often happens during high-profile cases, when media involvement influences public sentiment and the jury’s judgment. They may often form a wrong opinion due to external factors rather than hard facts.
Overcoming such notions and biases can be challenging for families already battling grief and emotional distress. A legal expert can intervene and present the truth convincingly in court, giving the victim’s family a better chance of winning the case.
In conclusion, proving wrongful death in court can be challenging for a victim’s family. But you should not give up hope because your loved one deserves justice, and the guilty person should pay for their negligence. Being aware of these challenges and hiring an expert legal professional can help you deal with the situation.
Source: Freeman Law Firm
