Mistakes to Avoid When Filing a Wrongful Death Claim

Filing a wrongful death claim can be an emotionally challenging and legally complex process. The loss of a loved one due to another party’s negligence or wrongful act can bring about a multitude of legal and financial issues. 

To ensure that you navigate this process effectively and secure the compensation you deserve, it’s crucial to avoid common mistakes that could undermine your claim. 

key mistakes to avoid when filing a wrongful death claim

1. Failing to Act Promptly

One of the most critical mistakes in wrongful death claims is delaying action. Each state has a statute of limitations that dictates the time frame within which you must file a claim. Failing to initiate the claim within this period can result in losing your right to seek compensation. It’s essential to consult with a lawyer as soon as possible after the death to ensure that all deadlines are met and evidence is preserved.

2. Neglecting to Gather Sufficient Evidence

A wrongful death claim requires substantial evidence to support your case. This evidence can include medical records, accident reports, witness statements, and expert testimonies. Neglecting to gather and preserve evidence can weaken your case significantly. Ensure that all relevant documentation is collected and that your lawyer has access to the necessary information to build a strong case.

3. Choosing the Wrong Legal Representation

The choice of wrongful death attorney is crucial in a wrongful death claim. Selecting a lawyer with experience in handling wrongful death cases can make a significant difference in the outcome. Avoid hiring an attorney who lacks experience in this specific area of law or one who does not have a proven track record of success. Research potential lawyers, read reviews, and seek recommendations to find a competent attorney who can effectively represent your interests.

4. Underestimating the Value of Your Claim

Another common mistake is underestimating the value of your claim. Wrongful death claims can involve various types of damages, including economic losses (such as lost income and funeral expenses) and non-economic losses (such as pain and suffering). Failing to accurately assess the full extent of your losses can result in inadequate compensation. Work with your attorney to evaluate all potential damages and ensure that your claim reflects the true value of your losses.

5. Settling Too Quickly

Insurance companies may offer a settlement shortly after the death, often with the intention of resolving the claim quickly and for less than it is worth. Settling too quickly without fully understanding the implications can lead to accepting an insufficient amount. It’s crucial to consult with your lawyer before agreeing to any settlement offer. Your attorney can help you assess whether the offer is fair and if it adequately covers all your damages.

6. Making Statements to Insurance Companies

Insurance companies may contact you after a wrongful death incident to gather information. Be cautious about making statements or providing recorded interviews without legal counsel. Insurance adjusters are trained to obtain information that could be used to minimize their liability. Any statements you make could potentially be used against you. It is best to let your attorney handle all communications with insurance companies to protect your interests.

7. Ignoring the Role of Comparative Fault

In some wrongful death cases, the concept of comparative fault may come into play. This means that the deceased might have had some degree of responsibility for the incident that led to their death. If this is the case, the compensation you receive could be reduced based on the degree of fault attributed to the deceased. Understanding how comparative fault might impact your claim and addressing it appropriately is crucial for a fair resolution.

8. Overlooking Non-Economic Damages

Many wrongful death claims involve non-economic damages, such as loss of companionship, emotional suffering, and mental anguish. These damages are less tangible but equally important in seeking appropriate compensation. Often, claimants focus primarily on economic losses and overlook the impact of non-economic damages. Make sure to work with your attorney to accurately assess and include all forms of damages in your claim.

9. Failing to Keep Detailed Records

Throughout the wrongful death claim process, maintaining detailed records of all expenses, communications, and developments is vital. This includes keeping track of medical bills, funeral costs, and any other expenses related to the death. Detailed records provide essential evidence for your claim and can help substantiate the full extent of your losses.

10. Not Understanding the Legal Process

The legal process for wrongful death claims can be complex, involving various procedural requirements and legal standards. Not understanding the process or attempting to navigate it without legal assistance can lead to mistakes and delays. Familiarize yourself with the process and rely on your attorney to guide you through each step, ensuring that all legal requirements are met and your rights are protected.

Conclusion

Filing a wrongful death claim involves navigating a complex legal landscape and making strategic decisions to ensure a favorable outcome. By avoiding these common mistakes—acting promptly, gathering sufficient evidence, choosing the right legal representation, accurately valuing your claim, and understanding the legal process—you can enhance your chances of securing the compensation you deserve. Remember that working with an experienced attorney can help you navigate the complexities of your case and advocate for your best interests.