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Common Wrongful Death Case Mistakes

Wrongful Death report and gavel in a court.

Losing a loved one due to someone else’s negligence can be very tough for you and your family. You might discover that you and your family are finding it difficult to cope and coming to terms with this sad reality. Since your loved one died due to someone else’s negligence you will likely file a wrongful death lawsuit against the negligent party.

However, it is important to remember that during these sensitive and trying times there are some mistakes which you completely want to avoid, mistakes which we see too often, unfortunately. Such mistakes can harm your case and hence should be avoided at all costs.

Mistakes to avoid in Wrongful death cases

One mistake which can be very costly is speaking publicly about the death of your loved one. When someone passes away in a disturbing manner it might be covered by the local, or even national news media, especially where the death was caused by someone’s negligence. While you may be tempted to speak publicly about our loved one’s untimely death, doing so can be a mistake, as you might reveal sensitive information, or even imply that your loved one was himself at fault for his death. The defendant or the defendant’s insurance company can later use any such information against you. It is also especially important at this point in time to maintain family unity and to avoid fighting within the family. Due to the stressful nature of this time period many people might not be coping well and therefore prone to start fighting with family members. However, such conflict might not just delay your wrongful death case, but also harm it in unimaginable ways. 

One mistake from which there is no turning back is being late in filing your lawsuit. Under the pertinent California law you have 2 years to bring forth a wrongful death action, from the date of your loved one’s death. If you miss this 2 year deadline you will really be out of luck and will not be able to file a wrongful death lawsuit. Another common, and consequential, mistake is speaking to the insurance company of the negligent party. This should be on top of your list of things to avoid. You should never speak to an insurance company without speaking to a lawyer first, as the insurance company will use anything you say to devalue your case so they can put more money in their own pockets. You should also be careful not to accept the first settlement offer made by the insurance company, as more often than not that will not be an appropriate compensation for your claim. An experienced attorney will understand the tricks and maneuvers employed by insurance companies to avoid paying, therefore it is very important to speak with one before you might end up harming your case.

Contact us for a free consultation

Therefore, if you have lost a loved one due to someone else’s negligence then reach out to the experienced wrongful death attorneys of Salamati Law today. Our team of experienced attorneys is especially well versed in California wrongful death settlements and will try to obtain the compensation you deserve. Contact us today for a free consultation.

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We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

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