When you lose a loved one as the direct result of someone’s negligence, you may feel confused and even emotionally traumatized. You know that you have a right under the law to seek compensation for your loss, but there is no monetary amount that will truly make up for the loss of a loved one. During your difficult time, it is hard to separate the emotions from the facts – which is why many individuals fail to receive fair compensation in their wrongful death claim, or are unsuccessful with the claim that they file. Without the assistance of an attorney, you may become the victim of numerous errors that are commonly seen with wrongful death claims.
What are the Most Common Errors with Wrongful Death Claims?
If you have lost a loved one, it is imperative that you contact a wrongful death attorney right away. While you are waiting for your consultation, here are five mistakes to avoid while gathering evidence and preparing your case:
- Never represent yourself. You may have done your research and found that you have a valid claim, but the world of wrongful death claims is extremely complex; and, you may find yourself facing deadlines, terminology, and court requirements that online guides won’t teach you about. No family member should attempt to navigate wrongful death laws; instead, you need to hire an attorney to ensure that you receive a favorable outcome.
- Ignoring important deadlines in your case. There are important deadlines any time you file a claim with the courts. In this instance, your wrongful death case will fall under the statute of limitations – meaning that you only have a set number of years to file your claim or you will be permanently barred from seeking compensation in the future.
- Hiring an attorney who does not have time for your case. There are plenty of attorneys out there offering their assistance in Louisville, but not all of them specialize in personal injury and wrongful death cases. When you hire an attorney, avoid full-service attorneys and go with one who specializes in these types of cases. That way, you can ensure that he or she has time and are up-to-date on the latest statutes, so that he or she can represent your case to the fullest.
- Accepting just any settlement given to you. Insurance companies will try to offer you a settlement that appears generous and tell you that it is their only offer. They do this while assuming that you do not have legal representation, and hope that you will accept it before consulting an attorney. Never accept a settlement – even a generous-looking one – without consulting a professional. Often, an attorney can negotiate a higher settlement and ensure that you receive maximum compensation for your loss.
- Filing your wrongful death claim against the wrong party. It is not always clear who is at-fault for the death of a loved one. For example, your husband passed away in a hospital due to a nurse’s negligence. While the nurse was at-fault, the hospital is also at-fault under vicarious liability. Because the hospital is likely to have more reserves to pay a higher settlement, it is in your best interest to hold the nurse and the hospital liable for your husband’s death – instead of solely the nurse.
Speak With a Wrongful Death Attorney in Louisville
If you have lost a loved one due to someone’s negligence, intentional acts, or reckless behavior, you are entitled to file a claim for compensation. Speak with the wrongful death expert at Gladstein Law Firm, PLLC today. You can meet with attorney Seth Gladstein during a free consultation, or ask a question online by filling out our online contact form.
