Losing a loved one is an emotionally devastating experience, compounded even further when their death is due to another person’s negligence or intentional actions. In such cases, filing a wrongful death lawsuit may provide financial compensation for the deceased’s family and help hold the responsible party accountable. However, these legal processes can be complex and fraught with potential pitfalls. Here are some common mistakes to avoid when filing wrongful death lawsuits.
Missing Statute of Limitations
One of the most critical mistakes is failing to file the lawsuit within the timeframe specified by the statute of limitations. Each state has its own deadline for when a wrongful death lawsuit can be filed, typically ranging from one to three years from the date of death. Missing this deadline can permanently bar you from pursuing your case, so it is essential to consult with an attorney early and adhere to these limits.
Not Preserving Evidence
Preserving evidence is crucial in a wrongful death lawsuit. All relevant evidence such as medical records, eyewitness testimonies, photographs from the scene, and police reports need to be secured quickly. This evidence can deteriorate or be lost as time passes, so it’s crucial to begin preserving it as soon as possible.
Attempting to Handle the Case Alone
While it may be tempting to save on legal fees, attempting to handle a wrongful death lawsuit on your own can be a grave mistake. Wrongful death cases are complex, requiring an understanding of legal procedures and the ability to negotiate with insurance companies. A skilled wrongful death attorney can navigate the legal system and advocate on your behalf.
Underestimating Economic and Non-Economic Damages
In wrongful death lawsuits, damages can be substantial, covering both economic and non-economic losses. Economic damages include medical expenses, funeral costs, and lost wages. Non-economic damages include pain and suffering and loss of companionship. It is essential not to underestimate these when seeking compensation. An attorney can help calculate the full extent of damages that may be owed.
Failing to Identify All Potential Defendants
Sometimes, more than one party may be responsible for a wrongful death. Identifying all potential defendants ensures that you file claims against all liable parties, increasing the likelihood of receiving appropriate compensation. This may include individuals, corporations, or government entities.
Inadequate Communication with Insurance Companies
Communicating with insurance companies can be tricky. Insurance adjusters aim to minimize payouts, and inadvertently saying the wrong thing can harm your case. Let your attorney handle communications with insurers to protect your interests.
Ignoring the Impact of Comparative Negligence
Many states have comparative negligence laws, which can reduce your compensation if your loved one was partially at fault for the incident that led to their death. Ensure your attorney assesses how comparative negligence could potentially affect your case.
Overlooking Impact of Estate and Other Beneficiaries
Understanding how a wrongful death claim affects the deceased’s estate and beneficiaries is important. Settlements from wrongful death lawsuits typically become part of the decedent’s estate, which may be subject to distribution under probate law. This distribution can have tax implications and may need careful handling.
Posting on Social Media
Social media can be a minefield in legal cases. Anything you post can be used against you in court. Avoid discussing any aspect of the case on social media platforms, as doing so can compromise your lawsuit.
Settling Too Quickly
Insurance companies often try to settle quickly to minimize payouts. These initial offers may not reflect the true value of your claim. Never accept a settlement without consulting with your attorney, who can help you determine if it is fair and if not, negotiate for a better one.
Personal Injury Attorney Caryn Warren Can Help!
A wrongful death lawsuit can provide much-needed relief to those left behind after a tragic loss, but it’s vital to navigate the legal process carefully. By avoiding these common mistakes and seeking the assistance of a proficient wrongful death attorney, you can improve the chances of securing justice for your loved one.
Be mindful of deadlines, diligently preserve evidence, consult legal expertise, fully evaluate all damages, communicate effectively, and take all the time you need to achieve a fair outcome. Your attention to these details can make a significant difference in the eventual resolution of your wrongful death claim.
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