Losing a loved one is always extremely difficult, particularly when it is due to someone else’s negligence. While dealing with your grief, you and your family will likely reminisce, cry over your loss, and laugh about the memories you cherish of your loved one. As your family comes together during an extremely emotional time, you will face situations you never have before.
Due to this, it is important to know some of the most common mistakes to avoid that could negatively interfere with any wrongful death claim you may file in the future. Below are some of the most common mistakes people make when filing a wrongful death claim.
Fighting Within the Family
Although it seems natural that now is the time for you and your family to come together, many people are surprised when their family members start fighting. Maybe people cannot agree on funeral arrangements, or perhaps the stress is just too much and you start fighting about little things you would never have fought about before. Whatever the cause, remember that now is the time for your family to support each other. Put your differences aside and remember that you are all in this together.
Speaking Publicly About the Death
When people pass away in a tragic manner, it often becomes public knowledge. The news media may cover the story and journalists may want to speak to the family members involved. You and your family may agree to these requests, but that is a mistake. Not only should this be a time when your family’s privacy should be respected, but speaking publicly about the death could hurt your wrongful death claim. You might accidentally imply that your loved one was partially at fault for his or her death, or say something else that could be taken out of context. Never agree to say anything publicly about the death, and just take this time to focus on you and your family.
Talking to the Insurance Company
There is a good chance that if you lost a loved one due to another person’s negligence, you will have to deal with an insurance company. However, you should never talk to an insurance company rep without first talking to your lawyer. The insurance company will use anything you say against you in order to avoid paying the compensation you deserve. An attorney can speak to the insurance company on your behalf to avoid the tricks they usually use to reduce or deny your family the compensation you need.
Waiting Too Long
In California, you have only two years from the date of death to file a wrongful death claim. In most cases, families need time to process the situation and determine how they are going to deal with it. However, while you are going through it, you also should not delay filing a wrongful death claim. If you wait too long, your family may be barred from receiving the compensation you deserve altogether.
Not Contacting a Wrongful Death Lawyer in California
After losing a loved one, you have many things to focus on, including determining how you and the rest of your family is going to move on. Now is not the time to agonize over all of the details a wrongful death claim involves. At Willoughby Brod, LLP, our California wrongful death lawyers can help. We will take care of every detail of your claim, ensure it is filed properly and on time, and work to get you the compensation you deserve. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation with one of our attorneys.