Common Mistakes Made When It Comes To Wrongful Death Claims And How You Can Avoid Those Mistakes
Having a loved one pass away can be a sad and stressful time in your life. But when that loved one dies needlessly, your level of stress, anger, and outrage may be heightened. Unfortunately, many people make mistakes that can harm a wrongful death claim during this initial stage due to the shock and grief they may be experiencing. Here are three common mistakes that are made that can have a negative impact on a future wrongful death claim and how you can avoid making these mistakes.
Making Public Statements
One of the mistakes that you can make following the death of your loved one is to issue public statements. Public statements may include statements that are made to the media, posted on social media, or posted on a website created for your loved one. In the days immediately after your loved one has passed away, there may be a lot of inaccurate information floating around about the cause of death, who was responsible, and the circumstances related to the death. Anything you publicly state at this time can later be used against you or to discredit you at a wrongful death trial. Before issuing a public statement, it is best to allow an attorney to read over the statement and ensure there is nothing that is being said that can harm your case later on.
Everyone Being on Different Pages
Another common mistake that is made when it comes to wrongful death claims is family members being on different pages. Only one wrongful death claim can be filed. The family needs to come together to determine who will file the claim, what attorney will be used, and who will be the primary point of contact with the insurance company. If family members are on different pages, multiple claims can be filed and the insurance company may not know who to deal with. This can ultimately delay the claim.
Failing to File a Claim Before the Statute Expires
The final common mistake that is made when it comes to potential wrongful death claims is failing to file before the statute of limitations tolls. The statute of limitations varies from state to state and is based on the specifics surrounding the death. If the statute tolls before a claim is filed, you lose the right to ever file the case. A wrongful death lawyer can help you determine when the statute will toll for your case and ensure the claim is filed before it does.
Dealing with the unexpected death of a loved one can be hard. A wrongful death lawyer can help you determine if you have a compensable case and then handle the discovery process and filing process. This can help you focus on laying your loved one to rest and healing. Contact a wrongful death attorney as soon as possible for a consultation.