Losing a loved one in a fatal car accident is one of the most devastating events a family can go through. Besides the crushing weight of loss, death often brings with it uncertainty, especially if the person who passed was the sole breadwinner.
This is where hiring a fatal car accident lawyer for a wrongful death lawsuit is essential. A lawyer can guide the family through the claims process, educate them on their rights, and take over the legal work when the family is unable to do so themselves. While no amount of compensation can replace a life, a wrongful death claim can ease the financial burden and bring a sense of closure.
However, it can be easy for families to make mistakes in such a time of turbulence. That is why people should be aware of the common mistakes to avoid.
1. Waiting Too Long to File a Claim
Wrongful death claims are subject to strict statutes of limitations, which vary by state. If you miss this legal deadline, you could permanently lose the right to pursue compensation or hold the at-fault party accountable. Unfortunately, the law does not pause for grief, and the clock often starts ticking from the date of death.
Delaying a claim also puts crucial evidence at risk. Witness memories can fade, physical evidence may be lost, and important documents can become harder to access. Insurance companies may exploit these delays to dispute liability or minimize the value of your claim.
2. Not Documenting Evidence
In wrongful death claims, evidence is the foundation for a positive verdict. Families must act quickly to preserve details such as details of the victim’s injuries, medical records, and any treatment received before death. Evidence from the scene of the accident, like photos, skid marks, and debris, can fade or be cleared away, making early documentation essential.
Relying only on police reports is risky, as these may contain omissions or factual errors that harm your case. Witness statements, surveillance footage, and expert opinions can strengthen your claim. Documenting the emotional and financial impact resulting from the death, such as counseling records or lost income, also helps prove the full extent of your loss.
3. Not Consulting a Lawyer
Not hiring a wrongful death attorney can seriously hurt your claim. The legal system is complex, and grieving families often don’t realize the deadlines, paperwork, and amount of work involved. A lawyer can handle all communications, document crucial evidence, and ensure every legal requirement is met—saving the family from costly mistakes.
Beyond paperwork, a lawyer protects you from being taken advantage of by insurance companies or defense attorneys. They can assess the actual value of your claim, which includes current and future losses, and negotiate for a fair settlement. With a professional advocating for your interests, your chances of success increase dramatically, giving you the space to grieve and rebuild your life.
4. Failing to Include All Damages in the Claim
Many families don’t realize the full scope of damages they can recover in a wrongful death claim. The sudden loss of a breadwinner can lead to long-term financial hardship—including not just lost income but also future earnings once provided by the deceased, medical bills, and funeral expenses. If these are not accurately calculated, the family could miss out on substantial compensation they’re entitled to.
Wrongful death claims also account for non-economic damages such as emotional suffering, loss of companionship, and the psychological impact of the loss. These losses, while harder to quantify, are just as real and valid. Without legal guidance or careful documentation, families may overlook these categories, drastically undervalue their claims, and jeopardize their financial recovery.
5. Accepting the First Settlement Offer
Accepting the first settlement offer from an insurance company is a common mistake that can cost families thousands of dollars. Insurers often offer quick payouts to limit their liability, knowing that families in grief may not yet understand the full extent of their losses.
It’s essential to fully assess the damages and consult with a wrongful death attorney before agreeing to any settlement. A lawyer can evaluate whether the offer reflects the actual value of your claim and negotiate for a better outcome, ensuring your family’s financial future is protected.
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