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Personal injury lawyer for wrongful death and dog bite in San Francisco |
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I DON’T FEEL COMFORTABLE SUING ANYONE
I have three children, ages three to ten, and my husband was just
killed on the job at his construction site. A truck delivering bricks
started rolling because the brake wasn’t set. I have to take care of
my children, but his company was always very good to us, and I don’t
want to sue them. In fact, I really don’t think it’s right: people
suing each other. The only job I ever worked was waitressing, but I
can’t even pay the childcare for my toddler with what that earns. What
can I do?
Your feelings are understandable, and so is the quandary you are in.
Some people do have strong personal feelings against suing anyone. For
you, it is particularly your husband’s employer. I can lay that
concern to rest. A wrongful death lawyer would not sue your husband’s
employer, which has taken care of its obligations by providing
worker’s compensation coverage. However, that will not be enough to
provide for and educate your children. The person/firm at fault in
causing you this crisis is not your husband’s employer, but whoever
was careless enough to park a ton of bricks without securing it. They
undoubtedly have insurance to cover their liability for just such
events.
Why did they buy that insurance? Well, it was for you. In my
experience, such firms buy much more than the legal minimum coverage.
Why would they do that? Because someone in management in that company
wanted to be sure that innocent victims of accidents were taken care
of, and that an unusually large claim did not cripple the company.
They foresaw that someone might be careless. This is a normal cost of
business.
Look at it this way. You hurt no one, but you and your children are
the only ones suffering. The party at fault has provided compensation
for you, and it’s there waiting. Now you have to choose whether to let
your personal preferences or the family’s needs govern what you do.
You might be dwelling on what people will think, or perhaps upon past
statements you yourself might have made about people being “sue crazy”
or wanting to “win the lawsuit lottery.” I’ve never met you, but I
know for sure you are not looking to “get rich”. You’re looking to
survive. Maybe you can content yourself with that knowledge, while
doing the responsible thing to care for your family.
As far as the company that would be the defendant, it might be unfair
to them for you to assume that they would be angry about your claiming
against their insurance coverage. What makes you assume that they are
such heartless people that they would rather see your children grow up
without enough heat in the winter, without tuition money for college,
without vacations, attending summer camps, and such? Why would they?
They have paid premiums for years just to take care of this crisis for
you. Is availing yourself of this resource any different than going to
the doctor when it’s covered by your health insurance?
No one is suggesting that you bankrupt the brick delivery company and
put people out of work. I have never heard an insurance company
complain about an honest claim being made. Think of it this way: the
brick company earns its profits selling bricks. If people stopped
buying them, they’d go bankrupt. What does an insurance company sell?
Nothing other than servicing the claims of honest people like you who
suffered a loss and need help. Without legitimate claims like yours,
what would they sell, and who would buy? Everyone is against fraud and
frivolous, greedy claims. Do you think yours qualifies? I don’t, and
if your friends are true friends, they won’t either.
If you are decided to take action, you should not wait. Facts need to
be gathered; photos taken; and statements taken before memories fade.
Maybe you should avail yourself of a free consultation with a wrongful
death lawyer to fully understand what is involved before you decide.
Good luck.
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