Top 5 Mistakes to Avoid When Filing Wrongful Death Claims


You may not know the full legal definition of wrongful death, but you do know the pain of experiencing one.

Wrongful death is when a business or person is liable for the death of an innocent victim. So when it comes time to know the legal ins and outs of filing wrongful death claims, you’re unsure where to start.

When filing for a wrongful death claim, the most common mistake people make is not having enough evidence available and filed with the courts. Read on to learn what else to avoid when filing wrongful death claims. 

Filing Wrongful Death Claims

If you are filing a claim for wrongful death, it is important that you have evidence of the negligence that caused it. Often, wrongful death is the result of a homicide, medical malpractice, or car accident. Other times, wrongful death can be filed if a person was exposed to toxic substances or experiences a product malfunction that results in their death.

You can file a wrongful death claim in an instance of police brutality that resulted in the death of a loved one. The filing of wrongful death claims can happen in almost any instance that’s caused by the wrongdoing of another. A surviving family member of the deceased can sue the negligent parties for the damages they are responsible for.

Since you are already in the midst of personal pain when dealing with a loved one’s wrongful death, it’s critical that you avoid five common mistakes. The five mistakes below can impede any wrongful death claim you file.

1. Deadlines for Claims 

The number one mistake is not filing a wrongful death claim as soon as possible. It’s also important that you use an attorney that specializes in personal injury wrongful death cases. You want a lawyer with experience and expertise who can win your case and optimize your peace of mind.

The best way to maximize your healing and recovery in a wrongful death claim is by getting the claim settlement you deserve as you travel forward into your future. It’s essential that you have a way to rebuild your life after a wrongful death. That means you want attorneys who are dedicated to achieving their client’s best possible outcome.

Effective and efficient attorneys who file wrongful death claims do so in a timely manner. That’s because there is a statute of limitations that applies in wrongful death cases. In California and Colorado, it is two years, and in Washington, it is three years.

2. Talk to Your Attorney – Not the Insurance Company 

It may seem like the insurance company that leaves a message for you to call them is being kind, considerate, and wants to help you. However, there’s a good chance you don’t want to talk to an insurance company representative without talking to your attorney first. Many insurance companies do not want to pay the compensation you deserve, so they will use anything you say to them against you.

Your attorney can speak to the insurance company on your behalf. That helps reduce or eliminate any insurance tactic they may want to use in fighting your wrongful death claim.  

3. A Wrongful Death Case Takes a Lot of Documentation 

It’s vital to your legal case that you have all the necessary documents you need to file a wrongful death claim. The more relevant documentation you and your attorney have, the stronger your case will be. If you don’t have all the documents and other evidence that supports your claim, your case could be thrown out. 

Any record that supports your claim is important. You want to commit yourself to obtain all the documents or copies your attorney needs. There may be nothing better than support documentation to build a strong wrongful death case. 

4. Don’t Take the First Wrongful Death Settlement Offer 

If you are filing a wrongful death claim, it’s important that you do not necessarily settle on the first offer that comes your way. Insurance companies want to settle quickly because they know the longer a wrongful death case goes, the more money you usually get. Just because you receive a settlement offer doesn’t mean you have to accept it.

What’s more, as family and loved ones come together when dealing with a wrongful death claim, there can be in-fighting. Many people are surprised when their family members start fighting due to wrongful death claim stressors. Whatever the cause, remember that now is the time for your family to support each other.

Put your differences aside, even ones about wrongful death settlement offers, and remember that you are all in this together.

5. Never Represent Yourself – Talk to Your Lawyer  

Filing a wrongful death claim requires knowing what can legally hinder your progress. At Sweet Lawyers, we know that every case is different. We also give every client the individual attention they deserve.

The right wrongful death lawyer will fight for your rights. It’s important to understand that wrongful death claims are very complex. Sweet Lawyers knows how to represent you best if your case goes to court or a settlement is offered.

Most importantly, we help with your recovery and get you the settlement you deserve.

Your Next Legal Step

Your next legal step when filing wrongful death claims is the most important one of all. Experienced and knowledgeable lawyers do more than simply win cases. They are your biggest advocates and will advise you on what’s in your best interest legally.

Call us today for your free consultation. We will listen to your story, discuss the case with you, and give you legal advice on what’s best for your situation. We are here to help you with the legal claim process and afterwards as well.

If you’ve lost a loved one in a fatal accident, call the personal injury lawyers at Sweet Lawyers today. SweetLaw helps you take your first step into a new future you never knew you’d have to deal with. 

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