TL;DR
In wrongful death cases, common mistakes include missing filing deadlines, failing to preserve evidence, trusting insurance companies too much, and proceeding without a lawyer. Misunderstanding who can legally file or claim damages also risks weakening the case. Avoiding these errors is key to securing justice and fair compensation.
A wrongful death case arises when someone dies due to the negligence, recklessness, or intentional actions of another party, such as in a car accident, medical malpractice, or workplace incident. These lawsuits allow surviving family members to seek compensation for financial and emotional losses, but the legal process is complex and emotionally charged. Across the United States, wrongful death laws vary by state, yet common pitfalls can jeopardize claims, reduce compensation, or lead to dismissal.
Understanding Wrongful Death Cases
Wrongful death lawsuits are civil actions filed by surviving family members, typically spouses, children, or parents, or the deceased’s estate to recover damages after a preventable death. Common causes include:
- Car Accidents: Drunk or distracted driving, like a fatal crash on a busy highway.
- Medical Malpractice: Surgical errors or misdiagnoses in hospitals.
- Workplace Accidents: Falls or equipment failures at construction sites.
- Product Liability: Defective drugs or machinery causing death.
- Premises Liability: Unsafe conditions, like a fatal slip in a public building.
Compensation may cover medical bills, funeral costs, lost income, emotional distress, and loss of companionship. However, mistakes during the process can undermine even the strongest cases, making it critical to avoid common errors.
Top Mistakes to Avoid in Wrongful Death Cases
Navigating a wrongful death case requires careful attention to legal, procedural, and emotional factors. Below are the top mistakes to avoid:
1. Missing the Statute of Limitations
Every state has a statute of limitations, a deadline for filing a wrongful death lawsuit, typically 1–3 years from the date of death. For example, California allows two years (CCP § 335.1), while New York permits three (EPTL § 5-4.1) and Georgia two years. Missing this deadline usually bars the claim entirely, regardless of its merits.
- Why It’s a Mistake: Delays in gathering evidence or consulting a lawyer can push families past the deadline, especially if grieving delays action.
- How to Avoid: Consult an attorney immediately after the death to confirm your state’s deadline. Many offer free consultations to assess timelines and preserve your right to sue.
2. Not Hiring an Experienced Wrongful Death Lawyer
Wrongful death cases are complex, involving multiple parties, intricate evidence, and aggressive defenses from insurers or corporations. Attempting to handle the case without a lawyer or choosing an inexperienced attorney can lead to errors.
- Why It’s a Mistake: Without expertise, families may miss key evidence, undervalue claims, or fail to counter defenses like comparative negligence, where the victim’s fault reduces damages.
- How to Avoid: Hire a wrongful death lawyer with a proven track record in wrongful death cases, ideally with strong client reviews and affiliations with groups like the American Association for Justice.
3. Failing to Identify All Liable Parties
Wrongful death cases often involve multiple responsible parties, such as a driver and their employer, a hospital and its staff, or a manufacturer and retailer. Overlooking any party limits potential compensation.
- Why It’s a Mistake: Each liable party may have separate insurance policies or assets, increasing the total recovery. Missing a party, like a negligent contractor in a workplace death, reduces the claim’s value.
- How to Avoid: Work with a lawyer who conducts thorough investigations, using evidence like accident reports, corporate records, or expert testimony to identify all defendants.
4. Accepting Lowball Settlement Offer Too Quickly
Insurers often offer quick settlements to minimize payouts, especially in high-stakes wrongful death cases. These offers are frequently far below the case’s true value.
- Why It’s a Mistake: Accepting an early offer without assessing full damages, like future lost income or emotional distress, can leave families undercompensated. Once accepted, settlements are final, barring further claims.
- How to Avoid: Have a lawyer evaluate the offer against documented losses, including medical bills, funeral costs ($7,000–$15,000 on average), and non-economic damages. Negotiation or litigation often yields higher payouts, as seen in cases like Wetherington’s $12 million judgment.
5. Not Gathering or Preserving Evidence
Strong evidence is the backbone of a wrongful death case, but critical materials like medical records, accident scene photos, or witness statements can be lost or destroyed if not secured promptly.
- Why It’s a Mistake: Without evidence, proving liability or damages becomes difficult. For example, surveillance footage from a fatal crash may be erased within days, or hospital records may be altered.
- How to Avoid: Engage a lawyer immediately to collect:
- Physical Evidence: Crash debris, defective products, or workplace safety logs.
- Documentary Evidence: Autopsy reports, police reports, or employment records.
- Witness Testimony: Statements from bystanders or coworkers before memories fade.
6. Underestimating Non-Economic Damages
Non-economic damages, such as pain and suffering, loss of companionship, or emotional distress, are often the largest portion of wrongful death compensation, especially for young victims or infants with no income history. Families may undervalue these losses, focusing only on tangible costs.
- Why It’s a Mistake: Non-economic damages reflect the profound emotional toll of losing a loved one. Failing to articulate these losses, like a spouse’s grief or a child’s loss of parental guidance, reduces the settlement.
- How to Avoid: Work with a lawyer who uses family testimonies, psychological evaluations, or expert witnesses to quantify emotional losses. Methods like multipliers (3–5x economic damages) can ensure fair valuation.
7. Ignoring Potential Family Disputes
Wrongful death claims can spark conflicts among family members over who files, how damages are split, or whether to settle. These disputes can delay or derail the case.
- Why It’s a Mistake: Disagreements may lead to missed deadlines or court battles over claimant rights, reducing compensation. For example, divorced parents may dispute who controls a child’s claim.
- How to Avoid: Consult a Georgia wrongful death lawyer to clarify state laws on eligible claimants (e.g., spouses, children, or estates) and mediate disputes. Court approval of settlements often ensures equitable distribution.
8. Posting About the Case on Social Media
Sharing details of the death, lawsuit, or settlement negotiations on social media can harm a case. Insurers and defense attorneys monitor these platforms for inconsistencies or admissions of fault.
- Why It’s a Mistake: A post suggesting the victim’s actions contributed to the death or downplaying grief can be used to argue comparative negligence or lower damages.
- How to Avoid: Avoid posting about the case or related emotions until it’s resolved. Instruct family members to do the same, and let your lawyer handle public statements.
9. Not Accounting for Liens or Taxes
Settlements may be subject to liens (e.g., medical bills or government benefits) or taxes, reducing the net amount received. Failing to address these can lead to financial surprises.
- Why It’s a Mistake: Unpaid liens, like Medicare claims, can result in legal action, while misunderstanding tax implications (e.g., on punitive damages) affects planning. Most compensatory damages are tax-exempt, but exceptions apply.
- How to Avoid: Have a lawyer negotiate liens with providers and consult a tax professional to clarify obligations, ensuring the settlement meets your needs.
10. Delaying Emotional and Legal Support
Grief can delay action, but waiting too long to seek legal or emotional support risks case viability and personal well-being.
- Why It’s a Mistake: Delays may lead to lost evidence or missed deadlines, while unaddressed grief can impair decision-making during negotiations.
- How to Avoid: Contact a compassionate wrongful death lawyer for a free consultation to start the process. Seek counseling or support groups to cope with grief, allowing clearer focus on the case.
Why These Mistakes Matter
Wrongful death cases are high-stakes, with compensation often ranging from $500,000 to millions, depending on the circumstances. Mistakes like missing deadlines, accepting low offers, or failing to gather evidence can result in:
- Dismissed Claims: Courts strictly enforce statutes of limitations, barring late filings.
- Reduced Compensation: Inadequate evidence or undervalued damages lead to lower settlements.
- Prolonged Stress: Disputes or procedural errors extend the legal process, delaying closure.
Avoiding these pitfalls ensures families receive the full compensation they deserve, covering financial losses and honoring their loved one’s memory.
The Role of a Wrongful Death Lawyer
An experienced wrongful death attorney is critical to avoiding these mistakes. They:
- Meet Deadlines: File claims within state-specific statutes of limitations, preserving your rights.
- Gather Evidence: Secure medical records, autopsy reports, or crash footage to build a strong case.
- Maximize Compensation: Use experts like economists or psychologists to value economic and non-economic damages, as Wetherington Law Firm has, recovering over $100 million.
- Negotiate Aggressively: Counter lowball offers and navigate liens or taxes for fair payouts.
- Resolve Disputes: Mediate family conflicts to ensure equitable claim handling.
- Provide Empathy: Offer compassionate guidance, easing the emotional burden during a painful time.
Lawyers typically work on contingency (25–40% of the settlement), meaning no upfront costs, making expert representation accessible.
Contact Georgia Wrongful Death Attorney for Your Wrongful Death Case
Our wrongful death lawyers, led by Matt Wetherington, have recovered over $100 million, including a $12 million judgment, for families nationwide. With a “Superb” Avvo rating and a contingency-based model – no fees unless we win, we provide expert, compassionate representation. Contact us at (404) 888-4444 or fill out our online form for a free consultation to protect your rights and honor your loved one’s memory.