Filing a wrongful death lawsuit properly requires knowing what not to do. Here are common errors in wrongful death lawsuits and how to avoid them.
Family Law

5 Common Errors in Wrongful Death Lawsuits and How to Avoid Them

Do you feel guilt? Anger? Remorse?

Many of these same feelings come up when you go about filing a wrongful death lawsuit for your family. The last thing you need is another mistake that might end up making things even worse for your case.

Mistakes mean wasted money, more procedure, and more time. Your case might even get dismissed!

So read on and understand the common errors in wrongful death lawsuits and how to avoid them.


1. Filing Late

In most states, there is a lawsuit filing deadline. This means that if you do not file your lawsuit within the specified time frame, you will be barred from doing so.

Because of this, you must consult with an experienced wrongful death attorney. They can help you determine when the statute of limitations expires in your case.

With this, you can ensure that your lawsuit gets filed promptly. You can also schedule a consultation with a wrongful death lawyer linked here to help you build a strong case.

2. Failing to Investigate the Cause of the Death

Just because someone has died does not mean that they got killed by another person’s negligence. If you want to file a successful lawsuit, you need to prove that the death was due to another person’s negligence.

The best way to do this is to hire a qualified investigator. They can look into the circumstances surrounding the death. Without this evidence, it will be very difficult to win your case.

3. Not Meeting State Requirements for Damages

Every state has different requirements for what must be proven to recover damages. Failure to meet these requirements can result in a dismissal of the wrongful death case.

If a wrongful death lawsuit does not meet all state requirements, it is likely to get dismissed by the court. So, it is important to consult with an experienced wrongful death attorney. They can help you meet all these state requirements.

4. Incorrectly Naming Defendants

If the plaintiff wrongfully names the defendant, the court may dismiss the case. This is because for the court to have jurisdiction over the defendant, the plaintiff must correctly name them in the lawsuit.

If the plaintiff does not know who’s responsible for the death of their loved one, they may name many defendants in their complaint. But if it is later discovered that one of those defendants was not responsible for the death, the court may dismiss the case.

5. Limiting Time for Discovery and Settlement Negotiations

Discovery is the process by which both sides of a lawsuit get info from the other side and third parties. The amount of time allotted for discovery can vary depending on the jurisdiction in which the case gets filed. But it is typically between six months and one year.

If a case does not settle during the settlement negotiation phase, it will proceed to trial. So, it is important to limit the amount of time spent on discovery and settlement negotiations. With this, the case can get resolved as quickly as possible.

Avoid Errors in Wrongful Death Lawsuits Starting Today

The whole process can be complex for all parties. But through careful research, you can avoid common errors in wrongful death lawsuits.

Working with an experienced attorney can help you make crucial decisions and navigate the legal process. Get in touch with a professional today to explore your options.

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