When a relative or friend dies in an accident at the hands of someone else, a wrongful death lawsuit seems almost like a given. The law provides family members and loved ones with some of the answers about an accident that they’ve been searching for, such as why it happened or who was at fault.
But these lawsuits aren’t simple, and they aren’t guaranteed. If you plan on filing one, you need to know that your accident meets the criteria for a wrongful death lawsuit.
To do so, you should understand the most common mistakes in wrongful death lawsuits. Read below for everything you need to know.
1. Disagreement Within the Family
This can manifest in the form of arguments between family members. It could be about who should bring the lawsuit. A disagreement about how much money should be expected from a settlement.
To avoid these disagreements, family members should discuss the lawsuit and its possible outcomes with a neutral third party. They can discuss it with an attorney for wrongful death to come to an agreement.
There might be some family members who agree to be part of the lawsuit. However, there are also those who can consider hiring separate attorneys to represent each of their interests. This allows everyone to get the legal advice they need.
Doing this allows the family to remain unified and communicate during the process. With a little extra planning and foresight, families can avoid unnecessary conflict while still achieving justice for their loved ones.
2. Sharing the Incident With the Public
A wrongful death lawsuit has the potential to bring emotional pain and trauma to all involved. It’s important to realize that not handling the situation carefully and making mistakes can cause further distress to family and friends.
When addressing this legal matter, it’s important to avoid making innocent mistakes. Common mistakes to be aware of in relation to sharing the incident with the public include releasing too much information too soon and going into detail about the event.
While it’s common to want to discuss a tragic event, it’s important to proceed cautiously and consult with an experienced attorney when you’re faced with a wrongful death claim.
The best way to ensure that you remain in compliance with the law is to refrain from discussing the incident with the public until a settlement has been reached. It’s best to let your lawyer handle communication and provide any necessary updates to the public.
3. Accepting Settlement Offers Quickly
A wrongful death compensation should not be accepted without a full investigation and evaluation of all elements of the case. This includes a review of a lawyer specializing in wrongful death cases.
Additionally, it can be a rush to accept a settlement offer without adequate negotiation. Remember to always consider possible future losses. It is essential to sit down with experienced attorneys to discuss the situation.
Determine what would be in the best interest of survivors. Do not accept a settlement until all issues have been discussed.
Also, make sure that your expectations have been communicated. A thorough understanding of the facts concerning wrongful death has been reached
It is important to have an experienced attorney who can help assess and make considerations for the viability of a settlement versus litigation.
4. Not Taking Action Immediately
Not taking action immediately is a common mistake when filing a wrongful death lawsuit. It is important to remember that in many states there is a lawsuit filing deadline for a wrongful death claim.
This can range from days to months, depending on the state in question. If a family fails to get an attorney to file suit within the stipulated time frame, the lawsuit won’t be valid.
Avoiding this common mistake is simple. Families of the deceased should contact an experienced wrongful death attorney as soon as possible to determine the specific filing requirements for their state.
An attorney can help make sure that all deadlines are met and will handle the complexities of filing a claim. Taking swift action can help ensure that proper legal action is taken in order to get due justice for the deceased and their family.
5. Proceeding Without an Attorney for Wrongful Death
Without knowledgeable legal advice, a claimant may overlook the details of their claim. Doing this might cause them to fail to collect and present the necessary evidence to sustain their case.
A claimant might be able to understand the nuances of a wrongful death lawsuit. However, they may be unaware of the applicable state and local laws that govern the dispute and may misapply them.
Furthermore, without an attorney, claimants may fail to take into consideration other sources of compensation. They might overlook other damages that can be accessed through joint or derivative lawsuits.
6. Accepting the Insurance Company’s Offer
One of the major mistakes people make in wrongful death lawsuits is accepting the insurance company’s offer without carefully considering the damages. It is critical to take the time to understand the full extent of the damages resulting from wrongful death, including medical bills, loss of future earnings, and, lost benefits
When considering whether to accept the insurance company’s offer or not, keep in mind that settling out of court may be faster and easier. However, accepting the offer may mean missing out on additional compensation.
7. Ignoring Parties Who May Be Accountable
One of the most common mistakes in wrongful death lawsuits is overlooking parties who may be accountable. It is crucial to identify each and every person or entity who may be at fault for a wrongful death.
If a potential party is not identified and named in the lawsuit, the deceased individual’s surviving family members may be denied the compensation and justice they deserve.
Therefore, it is essential that any and all parties who could, even potentially, be at fault for a wrongful death be named in the lawsuit or risk being barred from being a defendant.
Avoid These Mistakes in Wrongful Death Lawsuits
By understanding the common mistakes in wrongful death lawsuits, you can help ensure that the legal process and journey go as smoothly as possible.
To avoid any missteps it is important to be prepared and have the support of an experienced legal representative. If you or a loved one are considering a wrongful death lawsuit, contact a qualified legal team today.
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