Losing a loved one due to someone else’s negligence is devastating. It’s a time of grief and confusion, where emotions run high, and decisions may not come easily. During such a challenging time, pursuing a wrongful death claim can offer some sense of justice and financial support. However, it’s important to approach this process with care to avoid making critical mistakes that could jeopardize your claim.
If you’ve lost a loved one and are considering a wrongful death lawsuit, consulting with wrongful death attorneys at Bagen Law Accident Injury Lawyers can help guide you through the legal process. But, even with the right legal support, there are still common mistakes people make when pursuing a wrongful death claim that could have a major impact on the outcome.
Let’s take a closer look at the five most common mistakes and how you can avoid them.
1. Delaying the Filing of the Claim
One of the biggest mistakes in a wrongful death case is waiting too long to file a claim. Every state has a statute of limitations, which is a legal deadline by which you must submit your claim. Missing this deadline can result in your case being dismissed entirely.
In many states, the statute of limitations for wrongful death claims is two years, but this timeline can vary depending on where you live. Be sure to act quickly and consult with a lawyer as soon as possible to ensure you don’t miss any important deadlines.
2. Not Gathering Enough Evidence
A wrongful death claim requires strong evidence to prove that someone else’s negligence or wrongful actions caused the death of your loved one. Without sufficient evidence, it won’t be easy to win the case.
It’s essential to gather all relevant documents, including medical records, accident reports, witness statements, and anything else that can support your claim. Work closely with your wrongful death attorneys to build a strong case that demonstrates negligence and the financial impact of the death on your family.
3. Making Assumptions About Liability
In wrongful death cases, it’s easy to assume that the responsible party is obvious, especially if the death occurred due to a car accident, medical malpractice, or a slip and fall incident. However, liability is not always clear-cut. Sometimes, more than one party may be responsible, or there may be contributing factors that you’re unaware of.
It’s crucial to avoid jumping to conclusions and to allow your legal team to investigate the circumstances thoroughly. Relying on experienced wrongful death attorneys can help ensure all parties involved are held accountable.
4. Settling Too Quickly
While it may seem tempting to accept a settlement offer from the at-fault party’s insurance company, doing so too quickly can be a huge mistake. Insurance companies often offer settlements early in the process to minimize the payout. These offers seem like a quick way to move on, but they may not fully cover your expenses or losses.
It’s important to consult with a lawyer before agreeing to any settlement. A lawyer will ensure that the settlement reflects the full extent of your loss, including future expenses like medical bills, funeral costs, and any lost income.
5. Not Accounting for Non-Economic Damages
While wrongful death claims often focus on tangible losses like medical bills and funeral costs, they should also account for the emotional and psychological impact of the loss. This includes pain and suffering, loss of companionship, and emotional distress.
Many people overlook these non-economic damages when filing a claim, which can lead to an undervalued settlement or judgment. Your wrongful death attorneys will help you understand the full scope of damages you are entitled to, ensuring that all aspects of your loss are properly addressed.
Conclusion
Pursuing a wrongful death claim is never easy, and mistakes along the way can be costly. Avoiding the common pitfalls outlined above can increase your chances of a successful outcome and bring the justice your loved one deserves.
If you’re dealing with the aftermath of a wrongful death, seek experienced legal counsel to guide you through the process. With the right legal support, you can avoid these mistakes and fight for the compensation and closure you need.
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