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Avoid these four missteps in your wrongful death case

On Behalf of | Dec 31, 2021 | Wrongful Death

Losing a loved one unexpectedly in a car accident can leave you reeling and uncertain about your future. It can be an emotional and scary situation. Although you may be thinking that a wrongful death lawsuit may help you find accountability and recover the compensation that you need to get by, these cases aren’t always as easy as they may seem. Therefore, as you begin the process of taking legal action, it’s important that you know how to avoid some of the most common pitfalls in your wrongful death lawsuit. Only then can you give yourself the best chance possible of achieving the outcome you desire.

So, here are some of the common mistakes that you need to make sure that you avoid:

  1. Failing to file your claim within the prescribed timeframe: Just about all legal claims have a statute of limitations, meaning that a lawsuit has to be filed within a certain time period after the incident in question. Wrongful death lawsuits are no different. In New Jersey, the statute of limitations is two years following the alleged wrongful death. This means that you need to take swift action following the loss of your loved one if you want to be able to find accountability and recover compensation.
  2. Fighting with your family: Sometimes there’s fighting between family members not only over what life with look like moving forward, but also about who will file the wrongful death lawsuit. After all, under New Jersey law a number of people may be able to bring one of these claims, depending on the circumstances at hand. So, before taking legal action, it’s best to have open and honest conversations with your family members to determine who is best positioned to file the claim and how you can all support each other during this difficult time.
  3. Making public statements: If you’ve lost a loved one in a tragic accident, then there’s a decent chance that the media is going to approach you with questions, even if in a limited capacity. Be careful of what you say during these interviews. The statements that you make can be used against you in your wrongful death case, and the defense will certainly comb through these interviews to look for anything that they can use against you. You’re probably better off not talking to the media and refraining from posting too much on social media.
  4. Dealing too openly with an insurance companies: Insurance companies don’t have your best interests at heart. They just want to settle their cases by paying as little as possible. Therefore, you should be wary of settlement offers and ongoing negotiations. The insurance company will also try to use statements that you make during these conversations to justify paying you less. That’s why you’re better off talking to an insurance company with an attorney by your side.

An attorney can help you avoid these missteps

There’s too much on the line in your wrongful death case to fall victim to any of these pitfalls. But these mistakes are easy to make, especially for those who have had no or very little experience with the legal arena. That’s why it may be best for you to discuss the circumstances of your case with an experienced legal professional who can help you navigate the process and develop the strong arguments that you need to support your claim. Hopefully then you can find an outcome that is fair and just and leaves your family with the support that you need as you navigate the challenging road ahead.