Losing a family member because of someone else’s negligence is one of the most painful experiences a person can endure. When that loss is the result of careless or reckless conduct, families have the legal right to seek justice. But the path to a successful claim is not always straightforward, and certain missteps can seriously weaken or even end a case before it gets started.
Our friends at Hall-Justice Law Firm LLC discuss these situations often, and working with a wrongful death lawyer early in the process is one of the most important steps a grieving family can take. Still, even with legal representation, there are common mistakes that can derail a claim.
Waiting Too Long to Take Legal Action
Every state has a statute of limitations for wrongful death claims. This is a legal deadline that limits how long a family has to file a lawsuit after the death of a loved one. Missing that window can permanently bar a family from recovering any compensation, regardless of how strong the case might be.
Time also matters for preserving evidence. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence disappears. Acting quickly gives your legal team the best opportunity to build a thorough case.
Assuming the Insurance Company Is on Your Side
Insurance companies are not in the business of paying out large settlements. Their adjusters are trained to minimize payouts, and they may contact surviving family members early, sometimes before an attorney is involved, to gather statements or offer a quick settlement.
Accepting a lowball offer or making an offhand comment to an adjuster can significantly reduce the value of a claim. It is important not to communicate directly with any insurance company without first speaking to a wrongful death attorney.
Not Understanding Who Can File a Claim
One common source of confusion is who actually has the legal standing to bring a wrongful death lawsuit. This varies by state, but typically includes:
- Surviving spouses
- Children of the deceased
- Parents, in cases involving the death of a minor
- Other dependents or family members, depending on applicable state law
Assuming any family member can file, or that the process will sort itself out, often leads to procedural problems down the line.
Underestimating the Value of the Claim
Families sometimes accept settlements far below what they are actually entitled to, simply because they do not fully understand the range of damages available. A wrongful death claim can include compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and future earning potential
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by surviving family members
Settling without a full accounting of these damages can leave a family significantly undercompensated for what they have lost.
Posting on Social Media
This is a mistake that comes up more often than people expect. Posting photos, updates, or comments on social media during an active claim can be used by the opposing side to challenge the extent of a family’s grief or the circumstances surrounding the death. Even something that seems harmless can be taken out of context.
The safest approach is to limit social media activity entirely while a wrongful death case is pending.
Not Choosing the Right Legal Representation
Not every attorney handles wrongful death cases, and not every personal injury firm has experience with the particular circumstances involved in your loss, whether it is a medical malpractice death, a fatal car accident, or a workplace fatality. Choosing representation without considering that background can affect the outcome of your case.
Look for attorneys who have handled similar cases, ask about their approach, and do not rush the decision.
Moving Forward
If your family is facing a wrongful death situation, you do not have to figure it out alone. Understanding these common pitfalls can help you protect your rights from the very beginning. Reaching out to a wrongful death attorney as soon as possible gives your family the best chance at holding the responsible party accountable and securing the compensation your loved one deserved.