Families are typically still grieving the losses of loved ones when filing wrongful death claims. Because of this, it isn’t uncommon for them to make crucial mistakes when navigating the legal process.
Is your family preparing to file a wrongful death claim following an accident involving a loved one? Ensure these mistakes are on your radar — and avoid them at all costs. By sidestepping them, you will put your family in a better position to recover economic and non-economic damages during your case.
Here are three costly mistakes families make and information on what you should do to prevent them.
1. Waiting Too Long To File a Claim
Unfortunately, mourning families don’t have long to take legal action following the deaths of their loved ones. In Texas, the statute of limitations for wrongful death claims is only two years from the day a person dies.
Initially, this might seem like enough time for your family to organize your legal efforts. However, some families make the mistake of waiting too long to begin trying to prove negligence in wrongful death lawsuits, and they sometimes pay the price.
You will forfeit the right to take legal action in a personal injury case if you don’t act fast enough. Begin working closely with a trusted lawyer as soon as possible.
2. Hiring the Wrong Lawyer
While your family should avoid dragging its feet when filing a wrongful death claim, you also shouldn’t rush through the process. For example, avoid simply selecting the first personal injury attorney you can find and trusting them to handle your case.
Instead, search for one with extensive experience and an excellent reputation among other families in Texas. They should have a proven track record for successfully determining the liability of individuals and entities in wrongful death cases. The burden of proof in this situation falls on the plaintiff, so your family must have the correct legal representative in your corner.
You and your family will also spend your fair share of time communicating with the attorney you choose, so look for one with whom you can develop a great rapport. They should extend excellent communication skills and offer the compassion and empathy your family needs during what is no doubt a difficult time in your lives.
3. Accepting a Lowball Settlement
You and your family members will likely want to close your case as quickly as you can to give yourself the chance to focus on going through the grieving process. This might tempt you to accept the first settlement offer you receive from the defendant in your wrongful death lawsuit.
Taking this approach to settle a wrongful death claim could present problems, leading to you accepting a lowball settlement. Steer clear of this by trusting a personal injury lawyer to tackle talks surrounding insurance settlements and legal negotiations.
As long as you bring the right attorney on board, they should provide the necessary legal guidance as you aim to negotiate a fair settlement and collect compensation in your case. They should also be willing to take your claim to trial if negotiations stall.
Need Assistance Filing a Wrongful Death Claim? Give Us a Call Today
If your family is on the verge of filing a wrongful death claim, you might worry about how the process will play out. This may lead to your case causing even more stress than it would otherwise, and it might cause you to make mistakes.
Let McLaurin Law, PLLC, reduce the stress of filing a lawsuit. Call us at (713) 364-1895 today to learn how we can help.
