Death of a beloved is one of the most devastating things that any human being would ever desire to experience. When brought about by another person’s negligence or mistake, then emotional suffering is typically compounded by anger and bewilderment. A wrongful death action can assist families in attaining justice and compensation as compensation for their loss. But most families unknowingly make fatal errors along the way that can sabotage their claim or worse, extinguish their right to compensation altogether. Being aware of them—and more importantly, how not to make them—can be a monumental make-or-break factor in the outcome of your claim.
Below are the most frequent mistakes to avoid when looking for a wrongful death claim and how to ensure that your family’s rights are completely protected.
1. Waiting Too Long to File the Claim
Still another of the most frequent and most expensive errors is waiting too long to bring an action. Every state has a statute of limitations, which provides a specific time limit within which to bring an action for wrongful death. Depending on the different jurisdictions, the time can be one year or up to three years from the date of death.
Failing to file within such time frames ensures your case will be dismissed—no matter how well-supported it is. Evading losing this, it is essential to consult a wrongful death attorney right away. Prompt consultation allows your lawyer to preserve evidence, interview witnesses, and build a strong case before critical information is lost.
2. Failure to Use a Skilled Wrongful Death Attorney
Wrongful death claims are complicated. They typically involve numerous different participants, insurers, and contentious legal proceedings. Taking the claim on yourself or employing a general counsel who might not be knowledgeable in wrongful death law is an expensive error.
An experienced wrongful death lawyer knows how to establish negligence, fairly calculate damages, and navigate both the insurance and court systems to your advantage. They also know how to anticipate the other side’s plan and be able to fairly work out counterarguments to defend your family’s interests.
3. Lack of Evidence
Solid evidence is essential to any winning wrongful death case. Families also under-appreciate the significance of documentation, believing that their emotional testimony will suffice. Without solid evidence, it is hard to assign a figure to liability and the total amount of damages.
To build your case more effectively, gather and maintain:
- Accident or police reports
- Cause of death or injury medical records
- Witness statements
- Photographs or videos taken on the accident scene
- Job histories and income statements reporting lost wages
- Expert witness testimony (medical professionals, accident reconstruction engineers, etc.)
Your expert lawyer has an idea of what type of evidence will be most persuasive and employs it in the most effective form available at trial.
4. Early Settlement
Insurance companies usually contact immediately following a wrongful death accident, with what would appear to be an excessive settlement quote. These initial quotes are usually extended in an attempt to pay out as little as possible—rather than paying your loved ones in a fair manner.
Dismayed families are likely to settle for these amounts so that they will not have to face the hassle of court proceedings or under economic compulsion. In the process, though, they may end up losing the money to which they are entitled by law, including medical costs, lost earning capacity in the future, and pain and suffering.
Always have your attorney review any settlement offer prior to signing. An attorney can evaluate the true value of your claim and negotiate a fair sum that takes into account your family’s future requirements.
5. Overlooking Non-Economic Damages
Families consider only tangible losses—such as funeral costs or hospital bills—when determining the worth of a wrongful death case. Non-economic damages, however, are no less vital and can significantly impact the value of the award.
Non-economic damages can include:
- Loss of guidance or companionship by a parent
- Emotional distress and pain
- Loss of consortium for a spouse
- Mental anguish
A seasoned lawyer will incorporate economic and non-economic damages into your claim, making your recovery bigger.
6. Posting on Social Media About the Case
Uploading emotions and news onto the internet has become common nowadays. Social media status, however, can be applied to impeach you in a wrongful death case. Defense lawyers and insurance adjusters most frequently check social networking sites for potential impeaching content or downplaying your loss.
Even harmless tweets have a way of being misunderstood. For instance, pictures of you performing mundane household chores could be used to ascertain that you are not as distraught as you claim to be. Your best course of action is to steer clear of social media—or even post something about anything relevant to the case—until the case has been settled.
7. Failure to Identify All the Persons Involved
In some other wrongful death cases, there might be more than one party liable. For instance, in a deadly car accident, the offending driver, a car manufacturer, or even a state highway maintenance department could have concurrent liability.
Unless you sue all negligent parties, your family stands to lose other recovery channels. Your wrongful death attorney will be able to dig deep into the accident trying to find all the parties responsible for death and hold them accountable.
8. Misunderstanding Who Can Bring the Claim
The other frequent error is that any relative can bring a wrongful death action. States are varied, but in most cases only a specific person—like surviving spouse, children, parents, or decedent estate personal representative—are statutorily permitted to bring it.
Misfiling can delay the case or cause dismissal. It is always best to check your eligibility first with an attorney familiar with your state’s wrongful death statute.
9. Future Financial Losses Underestimation
The financial impact of a wrongful death will far exceed immediate expenses. Families will underestimate future losses including lost income, benefits, inheritance value, and the cost of continued emotional counseling.
A decent attorney will sit down with economic experts and accountants and figure out your loved one’s real issue of money over a lifetime. You’re fully compensated that way instead of a fast settlement that won’t cover long-term financial obligations.
10. Not Seeking Emotional and Legal Counsel Early
The psychological impact of a wrongful death sabotages concentration on legal issues. Other families wait and expect recovery once emotionally stabilized. This, however, contributes to lost timelines and evidence.
Having professional assistance by experienced lawyers early in the game means you gain time to heal while your attorney handles the jargon. Most law firms also refer families to grieving counselors and support groups to guide them through this challenging time.
Conclusion
Suing for wrongful death is not about money—although it is about keeping your family financially responsible and getting your family justice for an unjustified loss. Avoid the above mistakes, and you can protect your rights, make your case stronger, and get your family the damages and closure they deserve.
By moving quickly, with the appropriate attorney, and being more careful about how you manage evidence and communication, you’ll be able to play this dirty game less anxiously and more assertively.
