3 Potential Mistakes Surviving Relatives May Make In A Potential Wrongful Death Lawsuit

Posted on: 17 July 2023

The untimely death of a loved one is devastating for surviving loved ones. The grieving process may last a lifetime for some individuals. It is even more tragic and gut-wrenching when an untimely death is due to negligent behaviors. It is important to note that these behaviors do not have to be intentional and may be compensable.

Surviving relatives may be entitled to compensation by filing a wrongful death claim against the negligent party or parties. They can do this even if criminal charges are pending. The process of getting compensated for negligence is handled in civil courts if needed. Some cases do not have to go through a trial. Victims need to react as swiftly as possible and aim to avoid making mistakes that could negatively impact potential settlements. The following points highlight a few mistakes surviving relatives need to be aware of.

Delaying Legal Actions

There are laws that govern wrongful death claims. These claims have a statute of limitations, which varies from state to state. It might be difficult for surviving family members to focus on filing a claim in the midst of their grief. However, it is imperative to get the filing procedure into action before the statute of limitations expires. If it is too difficult, enlisting the help of wrongful death lawyers is beneficial. 

Speaking About the Incident

Sometimes surviving relatives know facts about wrongful death incidents. It is important not to discuss theories or facts about what occurred with other individuals or the insurance company. Sometimes in a grief-stricken state of mind relatives might want to give news interviews. This is ill-advised because these interviews are essentially forensic evidence because they are recordings. A statement could be taken out of context and harm a wrongful death lawsuit. Interviews should only be given under the direction of a lawyer who can offer advice on what to say or whether to avoid an interview.

Failure to Get Legal Representation

Some surviving relatives may get settlement offers from insurance companies and accept them without counsel. These offers may be significantly less than what they are entitled to. Many victims accept these offers because they want the matter to be over with as quickly as possible. Wrongful death lawyers can make the process less stressful and fair in a variety of ways.

Lawyers are a good resource for family members of the decedent to use as a resource. Individuals who are grieving should not have to worry about speaking with the insurance company of the negligent party. Lawyers can speak on their behalf and negotiate settlements.

For more information, speak with a wrongful death lawyer.