{"id":1353,"date":"2014-04-03T15:30:08","date_gmt":"2014-04-03T15:30:08","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=blog&#038;p=1353"},"modified":"2021-06-24T21:22:05","modified_gmt":"2021-06-24T21:22:05","slug":"why-you-shouldnt-feel-guilty-about-filing-a-wrongful-death-lawsuit","status":"publish","type":"blog","link":"https:\/\/www.justinian.com\/es\/personal-injury-blog\/why-you-shouldnt-feel-guilty-about-filing-a-wrongful-death-lawsuit\/","title":{"rendered":"Why You Shouldn&#8217;t Feel Guilty About Filing a Wrongful Death Lawsuit"},"content":{"rendered":"\n<p>Every now and then, I run across someone who lost a loved one because of a defective product or drug or due to an <a href=\"https:\/\/www.justinian.com\/personal-injury\/car-accidents\">auto accident<\/a>, but who doesn\u2019t feel it\u2019s \u201cright\u201d to file a product liability lawsuit.\u00a0 They sometimes tell me they\u2019d feel wrong getting \u201cblood money\u201d from a loved one\u2019s death, or that it would feel weird, or any number of other excuses that often boil down to guilt.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-i-thought-i-d-address-some-common-arguments-against-filing-a-wrongful-death-lawsuit\">I thought I\u2019d address some common arguments against filing a wrongful death lawsuit:<\/h2>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>No amount of money will bring them back.&nbsp;&nbsp;<\/strong>Imagine your loved one was shot to death and you saw who did it.&nbsp; Would you refuse to testify against the shooter because no amount of jail time would bring your loved one back?&nbsp; Of course not.&nbsp; You\u2019d testify to make sure that the shooter is punished for killing someone.<\/li><li><strong>It\u2019s \u201cblood money.\u201d&nbsp;&nbsp;<\/strong>Then so is a life insurance policy.&nbsp; Most responsible people get life insurance policies to make sure that their loved ones are taken care of when they die.&nbsp; You can\u2019t on one hand think it\u2019s OK to accept a life insurance check from an insurer who wasn\u2019t responsible for someone\u2019s death, but not OK to accept money from a company that was.<\/li><li><strong>I don\u2019t want my loved one\u2019s name dragged through the mud.<\/strong>&nbsp; That\u2019s generally not going to be an issue unless your loved one did some very bad things.&nbsp; No responsible defense attorney is going to try to win his case by making your loved one out to be a bad person.&nbsp; It doesn\u2019t play well with a jury.<\/li><li><strong>It\u2019s a lot of hassle.<\/strong>&nbsp; Yes, filing a lawsuit can be a hassle.&nbsp; But if you truly believe your loved one\u2019s death doesn\u2019t justify some hassle on your part, well\u2026<\/li><li><strong>It wouldn\u2019t feel right to spend the money.<\/strong>&nbsp; See the argument above about life insurance and &#8220;blood money&#8221;.&nbsp; But if that isn\u2019t enough, then when you get the money, give it away to a charity.&nbsp; Build a monument to your loved one \u2013 a big granite obelisk that will endure for 1,000 years.&nbsp; Or get all the money in a big pile and burn it.&nbsp; The important thing isn\u2019t what you do with the money, it\u2019s making sure that it gets taken away from the negligent company.&nbsp; A company cannot feel guilt.&nbsp; But it can feel pain if you take away some of its money.<\/li><li><strong>I want closure.<\/strong>&nbsp; Closure is a psychological thing that has nothing to do with whether you file a lawsuit.&nbsp; It will come in its own time.&nbsp; If anything, making the negligent company pay for what they did might bring you some closure.<\/li><li><strong>There are too many frivolous lawsuits as it is.&nbsp;&nbsp;<\/strong>If someone you care about died and it wasn\u2019t their fault, it\u2019s not a frivolous lawsuit.&nbsp; Building a wrongful death lawsuit can cost your attorney well over $100,000 dollars.&nbsp; He or she will only get that money back if you recover more than that.&nbsp; Do you see why attorneys have a strong incentive not to file frivolous cases?<\/li><\/ul>\n\n\n\n<p>And finally, imagine if a defective product killed you, or you or a loved one <a href=\"https:\/\/www.justinian.com\/personal-injury\/car-accidents\">were killed or injured in an auto accident.<\/a>\u00a0 Wouldn\u2019t you want your loved ones to be taken care of financially?\u00a0 I know I would.<\/p>\n\n\n\n<p>I know I\u2019d also want my loved ones to hire the most tenacious, aggressive trial lawyer available to make the company or negligent party that killed me pay through the nose.&nbsp; I don\u2019t know about you, but the idea of dying in vain doesn\u2019t appeal to me.&nbsp; The decision of whether to file a lawsuit is a personal one.&nbsp; If you don\u2019t want to do it, then that\u2019s your decision.<\/p>\n\n\n\n<p>But don\u2019t let a useless concept of guilt prevent you from filing a wrongful death suit.&nbsp; We all know that company execs or wrong-doing parties don\u2019t let guilt stop them from doing everything they can to sweep your loved one&#8217;s death under the rug.<\/p>\n","protected":false},"featured_media":1526,"template":"","blogtag":[21,30,31,35,36],"class_list":["post-1353","blog","type-blog","status-publish","has-post-thumbnail","hentry","blogtag-wrongful-death","blogtag-texas-tort-law","blogtag-premises-liability","blogtag-products-liability-and-dangerous-products","blogtag-car-accidents"],"acf":[],"x_featured_media":"https:\/\/www.justinian.com\/wp-content\/uploads\/2014\/04\/why-should-220x220.jpg","x_featured_media_medium":"https:\/\/www.justinian.com\/wp-content\/uploads\/2014\/04\/why-should-540x360.jpg","x_featured_media_large":"https:\/\/www.justinian.com\/wp-content\/uploads\/2014\/04\/why-should.jpg","x_featured_media_original":"https:\/\/www.justinian.com\/wp-content\/uploads\/2014\/04\/why-should.jpg","x_date":"abril 3, 2014","x_metadata":{"_wp_old_date":"2020-10-29","image_header_blog":"1428","_image_header_blog":"field_5f86255998692","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_thumbnail_id":"1526","name_author":"Justinian Lane","_name_author":"field_5fa027bb365d8","image_author":"1426","_image_author":"field_5fa02869365d9","alternative_link":"","_alternative_link":"field_5faae1f7dd7d1","_yoast_wpseo_title":"Don't Feel Guilty About Filing a Wrongful Death Lawsuit - Justinian & Associates","_yoast_wpseo_metadesc":"You shouldn\u2019t feel guilty about filing a wrongful death lawsuit. Read this blog post to find out why. Justinian & Associates - Free consultation"},"_links":{"self":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/blog\/1353","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/blog"}],"about":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/types\/blog"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media\/1526"}],"wp:attachment":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media?parent=1353"}],"wp:term":[{"taxonomy":"blogtag","embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/blogtag?post=1353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}