The pain experienced after someone close to you dies can be deep and searing. When they die because of negligence or other actions by someone else, the urge to hold that person or company responsible can be overwhelming. A wrongful death lawsuit might be the only option you feel is appropriate, but if you make the following mistakes, the process could end badly, and you could end up feeling even worse.
Filing the Case if You're Not a Suitable Party
What you must know before you even begin is that no matter how much you cared for the person who has died, in the legal sense you may not have any right to start any kind of legal claim for them. If you are not the legal guardian, child, or spouse of the decedent, you might have an uphill fight that automatically results in a loss because you have no legal standing. A lawyer can provide you with the necessary guidance in this area.
Waiting to Start
The time period for grieving is different for everyone, and you certainly should not feel pressure to move on if that's not something you're ready for. As far as the legal system is concerned, however, you do only have a fixed time period in which to begin legal proceedings. Each state has their own guidelines regarding how long you'll have, but if you miss the deadline, a legal option might no longer be available to you.
So how do you find out what the deadline is? You can do an online search, but to be sure that the information you're finding is accurate and up to date, you might want to call your town's local superior court or consult a lawyer immediately.
Accepting Offers Without Legal Advice
The person or company you're taking action against might ask their representation to call you and offer you a financial amount to drop the case and settle it. Without thinking too deeply about it, you might be willing to talk; if they offer you a higher amount than you ever imagined, you could be eager to go along with it.
However, any acceptance on your part in a situation like that could be a wrong decision. You may not understand that they could be offering you an amount that is far below what you could ultimately receive. For that reason, it's most appropriate if you never speak to anyone about the case except your lawyer and those you can trust.
The mistakes talked about in this article can be avoided or repaired with the help of an attorney who has worked on these cases for years. With their expertise, they can explain the system to you and assist you in finding an appropriate resolution.