Why file a wrongful death lawsuit?

| Jun 12, 2020 | Wrongful Death

“You should go take the company to court,” a friend says after your husband died in a construction accident. You dismiss her suggestion; after all, money is not going to bring your husband back. Besides, the company said their workers’ compensation insurance would cover you.

That night you start to think about what your friend said, but decide you have enough on your plate without a court case. However, as busy as you may be, now is the time to pick up the phone and seek legal help. Doing this sooner will allow an attorney to talk to witnesses while the incident is still fresh in their mind and gather the evidence before it disappears. It also ensures you file your claim within the necessary time. If you put it off and decide to claim later, you may find it is too late. 

While you should receive money from the workers’ compensation insurance, it may not be enough. It is hard enough to get by in Brooklyn on two salaries, let alone one. Consider the long-term future of your children, too.

The thing with workers’ compensation insurance is that you do not need to prove fault. This can be a good thing, but it means no one is held responsible for the death of your husband. Yes, accidents do happen, but in many cases, they are due to someone’s negligence. Bringing a lawsuit can stop it from happening again.

An attorney can look at your case objectively and see whether pursuing a wrongful death claim makes sense for you. Yes, it will involve time on your part, but it may be time well spent.

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