Wrongful death cases represent the most devastating type of injury claim. Families grieving the loss of loved ones must simultaneously pursue legal action against those responsible, creating emotional and practical challenges unlike any other legal matter.
Our friends at Marsh | Rickard | Bryan, LLC discuss how preventable errors cost families compensation they need and deserve during impossibly difficult times. A wrongful death lawyer experienced with wrongful death claims understands the unique legal requirements and emotional sensitivities these cases demand.
These thirteen mistakes jeopardize wrongful death claims and your family’s recovery.
1. Not Understanding Who Can Bring Claims
Wrongful death laws vary by state regarding who has legal standing to file claims. Most states allow only specific family members to bring actions including surviving spouses, children, or parents of unmarried children without offspring.
Some states designate estate representatives as proper plaintiffs. Others allow extended family members in certain circumstances. Filing claims without proper legal standing results in immediate dismissal.
According to the National Conference of State Legislatures, wrongful death statutes differ significantly across jurisdictions.
We determine who has standing under your state’s specific laws before filing claims.
2. Missing Statute of Limitations Deadlines
Wrongful death claims often have different and sometimes shorter filing deadlines than standard injury cases. Some states provide only one year from death to file claims.
These deadlines are absolute. Missing them means losing all rights to compensation regardless of how clear liability might be or how devastating your loss.
Early legal consultation preserves your rights by identifying and tracking applicable deadlines.
3. Failing to Preserve Evidence Quickly
Evidence from fatal accidents disappears rapidly. Accident scenes get cleaned up, vehicles get repaired or destroyed, and witnesses become unavailable.
We immediately begin investigating to preserve accident scene documentation, obtain surveillance footage before deletion, interview witnesses while memories are fresh, and secure physical evidence before it’s discarded.
This quick action preserves proof needed to establish liability and prove damages.
4. Not Obtaining Complete Medical Records
Medical records from treatment before death prove pain and suffering your loved one experienced, establish medical expenses incurred, document attempts to save their life, and support wrongful death claims with medical causation.
We obtain comprehensive records from all providers who treated your loved one before death.
5. Accepting Quick Settlement Offers
Insurance companies approach grieving families quickly with settlement offers hoping to resolve claims before families understand their full value or consult attorneys.
These early offers rarely reflect fair compensation for loss of financial support, loss of companionship and guidance, funeral and burial expenses, or other recoverable damages.
Never accept wrongful death settlements without legal consultation about whether offers adequately compensate your family.
6. Not Calculating Economic Losses Properly
Wrongful death damages include substantial economic components requiring careful calculation:
- Lost income and benefits your loved one would have provided
- Value of household services they performed
- Loss of inheritance due to premature death
- Medical and funeral expenses
Economists calculate these losses over expected lifetimes considering raises, promotions, and inflation. Proper calculation often reveals damages far exceeding initial settlement offers.
7. Undervaluing Non-Economic Losses
Loss of companionship, guidance, love, and support deserves substantial compensation beyond just economic losses. These non-economic damages often represent the largest portion of wrongful death settlements.
We present evidence of your relationship’s value and how death has devastated your family emotionally and practically.
8. Allowing Family Disputes About Claims
Multiple family members sometimes disagree about pursuing claims, who should control litigation, or how settlements should be distributed. These disputes weaken cases and reduce settlement values.
We help families resolve conflicts and present unified fronts during settlement negotiations.
9. Not Identifying All Liable Parties
Wrongful death cases sometimes involve multiple defendants including negligent drivers, employers who allowed unsafe conditions, property owners with dangerous premises, or product manufacturers with defective goods.
We investigate thoroughly to identify all potentially liable parties and maximize available insurance coverage.
10. Failing to Address Probate and Estate Issues
Wrongful death claims often interact with probate proceedings and estate administration. Coordination between wrongful death attorneys and estate lawyers prevents conflicts and protects family interests.
We work with estate counsel to handle these matters properly.
11. Not Documenting Your Relationship
Proving loss of companionship and guidance requires evidence of your relationship’s nature and quality. Provide photos and videos showing family interactions, correspondence demonstrating closeness, testimony from friends about relationships, and evidence of financial and emotional support.
This documentation justifies substantial non-economic damage awards.
12. Settling Before Understanding Tax Implications
Some wrongful death damages are taxable while others aren’t. Settlement structures affect tax treatment significantly.
Consult tax professionals before finalizing settlements to understand tax consequences and structure agreements advantageously.
13. Handling Claims Without Experienced Legal Counsel
Wrongful death cases involve unique legal requirements, complex damage calculations, emotional challenges requiring sensitivity, and high stakes justifying professional representation.
Families handling these claims alone face insurance companies with experienced attorneys working to minimize payouts. This creates overwhelming disadvantages during impossibly difficult times.
Protecting Your Family’s Rights
Wrongful death claims cannot bring back your loved one, but they provide financial security for families left behind and hold negligent parties accountable for devastating losses.
These cases require legal knowledge, investigative resources, and emotional sensitivity that general practice attorneys often lack. The stakes are too high and the legal requirements too specific to trust wrongful death claims to inexperienced counsel.
Families deserve compassionate professional guidance through legal processes while grieving losses that can never truly be compensated. Mistakes in handling these claims compound tragedy by denying families the financial security and accountability they deserve.
Don’t face insurance companies and complex wrongful death laws alone during the most difficult time of your life. Contact an attorney experienced specifically with wrongful death cases who understands the unique legal requirements in your state, treats your family with compassion and respect during this devastating time, has resources to investigate thoroughly and build strong cases, and will fight for maximum compensation that provides financial security and holds responsible parties accountable for the loss of your beloved family member.
