7 Mistakes to Avoid in Your Wrongful Death Action
The loss of a loved one because of the negligence of another can be devastating. You and your loved ones may be having a tough time accepting and adjusting to this devastating news. Your next step probably involves filing a wrongful death lawsuit against the person or company responsible for your loved one’s death.
However, keep in mind that there are certain mistakes you should avoid making during these delicate and challenging moments; mistakes that, regrettably, are all too common. Your case could be affected by such errors, therefore you must take all precautions to avoid them.
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There will be a lot of strain and difficult circumstances because of the tragedy in your family. You will have to have tough talks and make tougher choices. You and your loved ones will be experiencing an unusual mental state of vulnerability.
Disagreements are inevitable, but it’s crucial to put aside differences and listen to one another through these trying times. Disagreement amongst relatives will just slow things down. When there is a breakdown in communication between parties, there is also an increased possibility of error.
Openly Discussing the Incident in Public
The issue may have gained widespread notice, in which case local news outlets may try to get in touch with you for an interview. Despite your desire for others to understand what you’re going through, you should avoid discussing the incidents with the media or in public. It is possible that any words you make in public might be used against you in a settlement or court case.
Likewise, everything you share with the world on social media counts as a public declaration. Even if you remove your posts later, a third party can still use them against you if they have screenshots of them. Until a settlement is achieved and you have been compensated, keep your private information private and refrain from making public remarks online or offline.
Postponing Legal Action
Consider the time limit on launching a legal procedure, even if it may be impossible to do so at the moment of your loved one’s death. An appropriate term for this is “statute of limitations.” The amount of time you have to file a wrongful death lawsuit in your state might vary from one to three years following your loved one’s death.
For this reason, it is crucial to understand the appropriate statute of limitations to ensure you can file your claim in time, as even a competent attorney will require time to collect evidence and documents before filing your claim.
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Talking to Insurance Companies
Common mistakes made by families in dealing with insurance companies include communicating with the firm directly before consulting an attorney and allowing various family members to communicate with the company directly.
Keep in mind that the insurance company is never looking out for your best interests or the interests of your loved ones. They will use every trick in the book to reduce the amount of money they owe you and avoid giving you the compensation you are owed.
However, it is possible that insurance personnel would gather comments and information from family members to minimize the amount of compensation they pay or perhaps deny your claim altogether. Do not interact with the representatives yourself, and tell your loved ones to do the same. Instead, have them speak with your lawyers.
Taking a the First Settlement Offer
Consider the financial implications of losing a loved one. Medical bills, burial costs, lost wages (especially if the deceased was the principal breadwinner), lost future earning potential, compensation for emotional distress, and other costs might add up quickly. The compensation you get for a wrongful death lawsuit should reflect all these costs.
Insurance companies will try to lowball you, so their first offers are rarely satisfactory. When accepting the payment, you should think long and hard about it. Once you’ve done that, you can’t go back and beg for more money. If you are unsure about whether or not the settlement offer is fair, you should seek the advice of your lawyers.
Ignoring Some Parties
You must establish the at-fault party’s negligence and consequent liability to pursue compensation. However, there are cases where liability is unclear. Your attorney can use their network of professionals to help you find witnesses and documents that will show who was to blame in the accident.
Death may have several causes or involve several people. It’s possible that while submitting your claim, you won’t account for everyone who may be at fault. To improve the settlement offer, it is best to involve all of the culpable parties. It can help you pay for anything that comes up after a death in the family.
Refusing to Get Legal Representation
Not getting legal representation is one of the worst things you can do in a wrongful death lawsuit. A lawyer specializing in wrongful death cases can help you avoid these pitfalls. Keep in mind that they may also assist you in getting the highest possible settlement.
Without the proper background knowledge, completing the appropriate paperwork for a wrongful death case may be a frustrating and time-consuming ordeal. If you make a mistake on any of these forms, your case will be dismissed. There are websites that promise to give people who don’t have a law degree the information they need to handle legal matters on their own.
The legal process surrounding wrongful death claims can be daunting due to its tight criteria and timeframes. If you or a loved one has suffered a wrongful death, it is in your best interest to hire an experienced wrongful death attorney to help you navigate the legal process and maximize your chances of a favorable outcome.
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However, it might take an extended period to receive compensation from the wrongful death action. If you’re going through financial distress after a loved one’s death and you need money right now to pay bills before your case concludes, call us at High Rise Financial today. Also, you can contact us by calling (866)-407-6404 or through our website.
Call or text (877) 735-0016 or fill out our form to apply today for free.