A wrongful death claim is a legal action filed when someone dies because of another person’s negligence or misconduct. It allows certain family members to seek financial compensation for their loss.
These cases can help cover medical bills, funeral costs, and lost income. However, filing a wrongful death claim involves strict rules and deadlines that must be followed carefully.
Because families are grieving, mistakes such as missing the deadlines, filing the claim too late, and failing to prove negligence can easily happen during this process. Unfortunately, small errors can delay the case or even lead to dismissal.
Understanding common mistakes can help families protect their rights.
Missing the Filing Deadline
One of the biggest mistakes is missing the statute of limitations. This is the legal deadline to file the case.
Each state sets its own time limit. In many states, families have two or three years from the date of death to file. If the deadline passes, the court may refuse to hear the case.
For this reason, it is important to speak with an attorney as soon as possible.
Filing the Claim Too Late in the Investigation
On the other hand, filing too quickly without enough evidence can also hurt the case. While acting fast is important, families should make sure they have strong proof.
This may include:
- Medical records
- Police reports
- Witness statements
- Expert opinions
Rushing without proper preparation may weaken the claim.
Not Identifying the Right Person to File
Not everyone can file a wrongful death lawsuit. Most states limit this right to:
- Spouses
- Children
- Parents
- A personal representative of the estate
If the wrong person files the case, it may be dismissed. Understanding who has legal standing is very important.
Failing to Prove Negligence
Another common mistake is not clearly proving negligence. It is not enough to show that a loved one passed away. The family must show that another party’s actions caused the death.
To prove negligence, families must show:
- A duty of care existed
- That duty was breached.
- The breach caused the death
- Damages resulted
Without clear evidence of these elements, the case may fail.
Accepting a Quick Settlement
Insurance companies may offer a fast settlement. While this may seem helpful during a difficult time, early offers are often lower than what the claim is worth.
Families may not yet know the full financial impact of their loss. This can include:
- Future lost income
- Loss of benefits
- Emotional suffering
- Loss of companionship
Accepting a quick offer without legal advice can lead to regret later.
Not Calculating Full Damages
Some families focus only on immediate expenses, like hospital bills and funeral costs. However, wrongful death claims often include long-term losses.
These may include:
- Lost future earnings
- Loss of parental guidance
- Emotional distress
- Household services
Failing to calculate all damages can result in less compensation than deserved.
Ignoring Tax and Estate Issues
Wrongful death settlements can sometimes involve tax or estate matters. If the case is not handled properly, it may create legal complications for beneficiaries.
Working with an experienced attorney can help avoid these issues.
Trying to Handle the Case Alone
Grief makes legal decisions harder. Trying to manage a wrongful death case without legal support can increase the chance of mistakes.
An attorney can:
- Gather evidence
- Handle communication with insurance companies
- Meet court deadlines
- Protect the family’s interests
Legal guidance can make a complex process more manageable.
Key Takeaways
- Missing the statute of limitations can prevent a case from being filed.
- Filing without enough evidence can weaken the claim.
- Only certain family members can file a wrongful death lawsuit.
- Proving negligence is required for success.
- Quick settlement offers may not reflect the full value of the case.
- Calculating all damages is essential.
- Legal help can reduce mistakes and protect your rights.