If you lost a loved one in a fatal accident, please accept our deepest condolences. We understand how difficult this has been for you and your family, and how easy it is to fall prey to insurance companies that only care about settling your case as quickly and cheaply as possible.
The four mistakes to avoid after a wrongful death are not preserving evidence, accepting a settlement too quickly, not seeking assistance from a Long Island wrongful death lawyer, and not taking timely legal action.
In This Article
Reading time: 5 minutes
- Mistake #1: Not Preserving Evidence
- Mistake #2: Settling Your Wrongful Death Claim Too Quickly
- Mistake #3: Not Hiring a Wrongful Death Lawyer
- Mistake #4:Waiting Too Long to File a Wrongful Death Claim
- Our Wrongful Death Lawyers Will Champion Your Rights
Mistake #1: Not Preserving Evidence
The more relevant materials you are able to preserve, the stronger your case file might be. Materials we often use to prove our clients’ cases include:- Medical bills and records
- Bills from the funeral home
- Communications from the insurance company or liable party
- Any statements your loved one made about the accident
- Any statements made by eyewitnesses to the accident as well as the witnesses’ names and contact information
- Any relevant photos and video e.g., if you took pictures of the accident scene
For a free legal consultation, call (516) 932-0400
Mistake #2: Settling Your Wrongful Death Claim Too Quickly
Again, the insurance company does not have your best interests in mind. Even if they seem friendly and eager to offer a settlement, be aware that:- Initial settlement offers are rarely sufficient. The insurer is hoping that you accept their lowball offer before you realize your case’s true value.
- You might run out of money. Low settlements will most likely not cover all of your loved one’s medical bills, funeral expenses, and the loss of your loved one’s income.
- You will not be able to ask for more money. In New York, the settlement of wrongful death claims and the distribution of funds to surviving family members require court approval in a proceeding called a “Wrongful Death Compromise.” An insurance carrier may try to persuade you not to hire legal counsel by saying they will prepare and submit the papers, suggesting you proceed without legal counsel. While they may try to make this sound like a convenient and attractive option, it very likely will not be in your best interest to go along with. Once the wrongful death compromise proceeding is finalized, it may be difficult or impossible to reopen a claim. You want to be sure that the amount offered will meet your present and future needs and for this reason, it is best to have an experienced and dedicated wrongful death lawyer negotiating on your behalf and advocating for your interests
- Evaluate your case’s true value
- Alert you to inappropriate offers from the insurer
- Handle all communications with insurance company representatives
- Negotiate for a satisfactory settlement amount
- Take your case to trial and fight for a jury verdict, if necessary
Mistake #3: Not Hiring a Wrongful Death Lawyer
There are several practical reasons why hiring a legal representative is a good decision:- Wrongful death law firms are already familiar with applicable laws and the legal process, and we will explain your rights and responsibilities in as much detail as you want.
- Between grieving the loss of your loved one, making final arrangements, and caring for your family, you have enough on your plate without trying to manage a legal action as well.
- The at-fault party should be held responsible for the irreparable harm they have done, and one way to do that is by pushing their insurance company to pay for all of your losses.
Click to contact our personal injury lawyers today
Mistake #4:Waiting Too Long to File a Wrongful Death Claim
Insurance companies often give you a brief window in which to report a fatal accident and file a claim. New York State law gives you a limited time to file a lawsuit after a loved one’s wrongful death. (Please note, other, shorter time limits may apply to your case. We strongly suggest you contact us for a free case review so you know what time limits you are facing and what your best options for legal action are.) Failure to act within applicable deadlines could mean you permanently forfeit your right to compensation and never get another chance to hold the at-fault party accountable. In addition, evidence often becomes less valuable or harder to find as time goes on, making it imperative to start collecting evidence as soon as possible.Why You Should Not Ignore Your Right to a Wrongful Death Settlement
After losing a loved one, you are naturally focused on your grief and on your family. You do not want to be dealing with legal matters at this time. You might even be thinking about letting the statute of limitations expire without taking action. Not pursuing appropriate compensation is one of the worst mistakes to avoid after a wrongful death. You and your loved ones deserve that money, and you do not have to handle your claim or lawsuit by yourself: a wrongful death lawyer from our firm will do all of the hard work, allowing you to focus on your future without compromising your rights.Complete a Free Case Evaluation form now
Our Wrongful Death Lawyers Will Champion Your Rights
It is all too easy to make the four mistakes to avoid after a wrongful death. You have so much on your mind and are probably eager to end any legal action as quickly as possible—and the insurer will take advantage of these facts. Call Friedman & Simon, L.L.P., today and pay us nothing until we win your case.Call or text (516) 932-0400 or complete a Free Case Evaluation form