Losing a loved one is incredibly devastating, especially if the death was caused by someone else’s negligence. If you are thinking about filing a wrongful death claim, there are some important things you should know. In these cases, even making a small mistake could affect your chances of getting the fair compensation that your family deserves. Here are the top 5 mistakes people make when filing a wrongful death claim.
Mistake #1: Not Hiring a Wrongful Death Attorney
Wrongful death claims can be very complicated. Insurance companies often have strong legal teams working tirelessly to reduce the payout. If you try handling the case on your own, you may end up with less than what you deserve. It is best to contact a wrongful death lawyer in your area with the right experience.Â
An attorney specializing in wrongful death cases knows how to collect evidence, negotiate with insurance companies, and fight for your rights. Most of these lawyers offer free consultations and work on a contingency basis. This means there are no upfront costs; hence, you do not have to worry about finances.
Mistake #2: Waiting Too Long to File
Another mistake people make is simply waiting too long before filing a claim. Every state has a statute of limitations, which is the legal limit for filing a wrongful death claim. In most states, the deadline is two years from the date of death. However, there are some exceptions that could extend this limitation.
If you wait for too long, you may lose your right to file altogether. Even though grieving takes time and your emotional needs come first, it is important to speak with a lawyer as soon as you can. Acting early enough gives your legal team enough time to build a strong case.
Mistake #3: Accepting a Quick Settlement
When money is tight after a loss, a quick payout might seem like a good idea, especially if the deceased was the breadwinner. However, be very careful. Insurance companies often offer a low settlement, hoping you will quickly accept it and move on.
These initial offers barely cover the full extent of your loss. Things like the future income your loved one could earn, emotional suffering, or medical and funeral expenses might have been excluded. Once you accept an offer, you usually can’t go back for more. It is better to wait until all the damages are clear and properly calculated.
Mistake #4: Not Preserving Evidence
Evidence is the foundation of building any claim, including a wrongful death one. Without enough evidence proving who was at fault and how much the at-fault party owes you, it becomes harder. Waiting too long can mean losing documents, missing witnesses, or faded memories that affect your version of events.
Therefore, try to gather everything you can early enough. This includes:
- Photos
- Police reports
- Medical records
- Witness names
An attorney can also help collect and preserve important evidence to support your claim.
Mistake #5: Assuming Only Immediate Family Can File a Claim
Many people think that only a spouse or child can file a wrongful death claim. This is not true. Laws vary by state, and in some cases, parents, siblings, or even people who depended financially on the deceased can file.
Sometimes, the claim is filed on behalf of the state. It is easy to get these details confused, and if the wrong person files, it could delay or hurt the case. An experienced wrongful death attorney can explain who has the legal right to file and guide you through the process.
Conclusion
Filing a wrongful death claim is more than just money. It is about getting justice and making sure the person responsible is held accountable. Apart from the mistakes listed above, avoid talking to your friends about the case and talking to insurers directly.
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