6 Common Errors in Wrongful Death Lawsuits and How to Avoid Them

Wrongful Death Lawsuits

Are you or someone you love passing through some challenging times due to wrongful death?

This is one of the most difficult situations a family or individual could find. You are left wondering where to seek justice, compensation, and the best ways to avoid the path of expensive errors in wrongful death lawsuits.

Let’s explore.

1. Settling Your Case Without An Attorney

Most people think that settling a wrongful death lawsuit without an attorney is the way to go. Unfortunately, this is rarely how it works out. In some cases, the settlement amount is not reduced significantly by avoiding an attorney.

Choosing to settle a case without an attorney is usually not a wise decision. Find a wrongful death lawyer to guide you through the process and help ensure that you receive a fair settlement. 

2. Fighting With the Family

This can become especially challenging when the deceased person leaves behind loved ones with whom the person has a strained relationship. While this may be a difficult issue, it is best to put these family differences aside when taking legal action.

Any emotional outbursts should be minimized to prove professionalism during the lawsuit filing process. Doing so may help for a more successful outcome in the case and may make it easier for the family to deal with their loss.

3. Speaking to an Insurance Company Alone

When it comes to these types of lawsuits, insurance companies are not always “on your side.” Insurance companies carry the added burden of protecting their own interests, so they will often use any possible means to limit, avoid, or deny paying claims.

Insurance companies undervalue damages. To protect their interests, the insurance company may fail to consider the full impacts and losses associated with a wrongful death lawsuit.

4. Accepting an Offer Too Early

Receiving an offer is a sign that settlement is a possibility, and while the offer should be taken seriously, this should not be confused with an obligation to act immediately.

When considering an offer, the family should weigh the merits of the offer against their expectations and legal rights. Accepting an offer too early can limit potential outcomes and compromise the family’s legal rights.

5. Speaking Publicly About the Situation

Speaking publicly about a wrongful death lawsuit can lead to several types of errors. There can be an invasion of privacy. Wrongful death cases involve the sensitive details of the death of a loved one, and speaking openly about such a traumatic situation can be seen as insensitive and intrusive.

People could say things that are legally problematic. For instance, they could make claims that have not yet been evaluated by the court or which could paint the wrongful death victim in an unflattering light.

6. Failing to Consider Potentially Liable Parties

When a loved one dies due to the negligence of another party, it is critical to consider all individuals, businesses, or other entities that may have contributed to and should be held responsible for the death.

It is important to get all the facts before putting a case together, and if the wrong party is named, the family may be out of luck when it comes to recovering the damages and costs associated with the death.

Be More Aware of the Errors in Wrongful Death Lawsuits

Wrongful death lawsuits can be complicated, but understanding and avoiding errors in wrongful death lawsuits can greatly improve your legal outcome. Educating yourself can be the difference between a successful lawsuit and an unsuccessful one. 

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