5 Common Mistakes in Wrongful Death Claims and How to Avoid Them

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Wrongful death claims can be tricky, and many people make mistakes in their attempts to obtain the justice they deserve for their loved ones. Each state has different laws, so it’s essential to find out how long you have to file and what type of information you’ll need to provide.

There are common mistakes you should avoid when putting together the paperwork for your wrongful death case. Once you understand what these mistakes are, you’ll be less likely to make them as you go through the process.

Keep reading to learn about some mistakes in wrongful death claims and how to avoid them when filing.

1. Late Filing

Late filing may occur if a family member of the deceased does not file within the time limit required by the state or if the wrongful death suit is not properly prepared. To avoid late filing, family members or representatives of the deceased should seek legal counsel soon after the death. This will help to ensure that it is properly prepared and that it is filed within the statute of limitations.

2. Settling Early With the First Offer

While settling early can be tempting, it is usually not in the best interest of the victim’s family. By settling early, families risk accepting a settlement amount that does not fully reflect their loss.

Families need to remember that the first offer is rarely the best one. Doing further research on the liable party can help determine a more appropriate settlement amount. Families should not become frustrated and give in to lowball offers.

3. Talking With the Wrong People First

While the thought of talking to an insurance claims adjuster or the media may seem like a logical starting point, it is not the best first step. It is critical to first talk to an experienced wrongful death lawyer, who can explain the legal claim filing process and provide critical guidance with documentation, claim filing deadline, and procedure.

A lawyer can also provide critical advice if a settlement is offered and help determine if a jury trial is more appropriate in a particular situation. Taking the time to contact this wrongful death lawyer and formulating the right strategy with them can help ensure a rightful recovery and protect the interests of the claimant.

4. Arguing With Family Members

Arguing with family members can cause unnecessary strain and have negative implications for the entire process. This may also delay resolution to the claimant’s satisfaction.

Keep disputes professional and away from family members. The family should understand the situation and agree on the necessary action. 

5. Providing Insufficient Evidence

Family members or representatives should be prepared to provide sufficient evidence. Specific evidence relates to the circumstances of the death, the person’s medical records, and other relevant documents.

Other important wrongful death claim documents include death certificates, medical records, and police reports. Also, the photographs of the accident and any other documents can help paint a comprehensive picture of the original incident.

Avoid the Common Mistakes in Wrongful Death Claims

Becoming aware of some common mistakes in wrongful death claims can help give you a better chance of obtaining justice. With proper planning and legal guidance, a wrongful death victim’s family can go through this difficult time with greater assurance and understanding.

If your family has suffered the loss of a loved one due to the negligence of another, contact an experienced lawyer today.

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