No one wants to think about the possibility of their own death, let alone the death of a loved one. But if a loved one has been the victim of wrongful death, it is important to know what mistakes to avoid in order to get the justice you and your loved ones deserve. Keep reading to learn the top mistakes people make in wrongful death cases and how to choose the best wrongful death attorney.
Not Keeping Track of the Statute of Limitations
Most people are unaware of the statute of limitations in wrongful death cases. This is a common mistake that can have dire consequences for the case. It is important to understand that there is a time limit on how long you have to file a lawsuit. If you miss this deadline, you may lose your chance to get compensation for your loved one’s death. The statute of limitations in wrongful death cases varies from state to state. It is important to check the specific laws in your state to find out how much time you have. In most cases, the statute of limitations is two or three years. However, there may be other deadlines that apply, such as the deadline for filing a claim with the insurance company. It is important to consult with an attorney to make sure you meet all the deadlines.
Hiring the Wrong Attorney
It’s important to get the right legal representation when filing a wrongful death lawsuit. Unfortunately, many people make the mistake of hiring the wrong attorney. This can lead to a number of problems, including increased chances of losing the case, increased costs, delays in the legal process, and unnecessary stress.
If you’re considering filing a wrongful death lawsuit, it’s important to do your research and find an attorney who is experienced in this type of case. Don’t just choose the first lawyer you come across—take the time to compare different attorneys and find one who is right for you. When choosing an attorney, you should consider their experience, fees, and the type of case they have experience with. You should also ask for referrals from friends or family members who have had a successful experience with a particular lawyer.
Not Gathering Evidence Quickly Enough
Not gathering evidence quickly enough is a common mistake in wrongful death cases. This is because the sooner you can collect evidence, the easier it will be to build a strong case. There are several things you can do to make sure you are gathering evidence as quickly as possible:
It is important to contact the police as soon as possible after the death has occurred. This is because they will be able to start investigating the case and gathering evidence. The police will also be able to interview potential witnesses and suspects. Witnesses can also be a valuable source of information in a wrongful death case. It is important to speak to them as soon as possible so they do not forget any details. Further, it is important to document everything related to the case. This includes taking photographs of the scene, collecting evidence, and speaking to witnesses. Documentation can help to strengthen your case.
Filing the Wrong Type of Lawsuit
Wrongful death lawsuits can be incredibly complex, and there are a number of things that can go wrong if you don’t file the case correctly. One of the most common mistakes is filing the wrong type of lawsuit. There are two main types of wrongful death lawsuits: survival actions and wrongful death actions. Survival actions are brought by the estate of the victim, while wrongful death actions are brought by the victim’s family. It’s important to file the correct kind of lawsuit because the kind of lawsuit determines the types of damages that can be recovered. If you file the wrong type of lawsuit, you may not be able to recover all of the damages that you are entitled to.
Overall, the top mistakes people make in wrongful death cases can be summed up as follows not taking action quickly enough, not hiring the right attorney, and filing the wrong kind of lawsuit. All of these mistakes can have serious consequences for the victim’s family.
