The letter below is the way that a lot of people feel when they are put into a position where their spouse was killed on the job, and the reply was written by a Boca Raton car accident lawyer to get people to understand that suing to get what you fully deserve doesn’t mean you’re doing so with bad intentions. There’s a bad stigma around being a plaintiff and a lawsuit, but if no one sued, nothing would ever be made right.
“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. You would not sue his employer, which has taken care of its obligations by providing worker’s compensation coverage. However, that will not be enough. 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. If other people misunderstand, or judge you out of bias, that is their problem.
As far as the company that would be the defendant, it might be unfair to them 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 funds to keep their ceiling from leaking, 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. Why shouldn’t they (and you) get what they paid for? I see availing yourself of this resource as no more wrong 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 bread 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 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. Good luck.