Losing a loved one is an incredibly difficult experience, and navigating the legal process of a wrongful death lawsuit can add even more stress to an already challenging situation. In Delaware, there are common mistakes that individuals may make during a wrongful death lawsuit that can impact the outcome of their case. Understanding these pitfalls and how to avoid them is crucial for those seeking justice and compensation for their loss.
Mistake 1: Waiting Too Long to File a Claim
One damaging mistake during a wrongful death lawsuit is neglecting to file a claim in a timely manner. Each state has specific rules regarding the time limit to file such lawsuits, and the state of Delaware is no different. According to Title 10 of Delaware Law, the statute of limitations for wrongful death claims is two years from the date of death. Beyond this period, the court is unlikely to even consider the case, barring a few exceptions.
This deadline may seem like a long time, especially during the grieving process, but it’s not just about filing a claim. This time also includes conducting an investigation, gathering evidence, and preparing the case before it even reaches the court. Therefore, waiting too long can jeopardize the whole process and, ultimately, your legal rights.
Mistake 2: Not Fully Understanding the Legal Process
The second common mistake is not fully understanding the legal process involved in wrongful death lawsuits. The legal procedures can be complex and are often foreign to those who are not well-versed in the law. This lack of understanding can lead to wrongful assumptions about the case, missing critical deadline dates, or making incorrect filings that can mar the case.
Common misconceptions about the legal process include the belief that the process is straightforward or that self-representation will save on attorney’s fees. Though understandable, these misconceptions can result in significant legal errors, potentially damaging the case. For this reason, you should seek legal advice from a wrongful death lawyer to navigate and demystify the intricacies of the procedure.
Mistake 3: Inadequate Evidence Collection
A wrongful death lawsuit relies heavily on concrete evidence to support claims and secure compensation. A typical mistake during a wrongful death lawsuit in Delaware is not gathering sufficient or appropriate evidence. This mistake can greatly undermine the strength of your case and minimize the chances of achieving a favorable outcome.
The evidence necessary for a wrongful death claim may include medical records, autopsy reports, accident scene photographs, witness statements, and more. All these pieces together can paint a comprehensive picture of the incident, thereby substantiating your claim.
Mistake 4: Navigating Insurance Companies Without Legal Assistance
In the wake of a wrongful death, dealing with insurance companies can be both challenging and overwhelming. These companies have their own team of seasoned adjusters and legal professionals, whose job it is to minimize the company’s payout. Engaging with these adjusters without a solid understanding of your rights or the value of your claim can be a costly mistake.
Insurance adjusters, though seemingly sympathetic, work in the best interest of their companies. Their goal is to settle the case quickly and for as little as possible. Without a skilled wrongful death lawyer, you might end up accepting a low-ball offer or inadvertently damaging your own case.
Mistake 5: Overlooking Potential Damages
The fifth mistake often made during a wrongful death lawsuit is overlooking potential damages you can claim. In a wrongful death lawsuit, you may deserve compensation for numerous types of damages, and failing to account for all of them might result in lower compensation.
Damages in a wrongful death lawsuit often extend beyond just medical expenses and funeral costs. They might also include loss of the deceased person’s expected earnings, loss of benefits, loss of inheritance, and even intangible losses such as loss of companionship and emotional pain and suffering. Every case is unique, and understanding the full scope of potential damages applicable to your situation is imperative for ensuring you claim all compensation you are due.
How to Avoid These Common Mistakes
Knowing about these mistakes is the first step to avoiding them. You must act fast, understand the process, gather and preserve the needed evidence, consult an attorney before dealing with insurance adjusters, and calculate all potential damages.
Each of these steps can be intricate and demanding, which is why it’s recommended to seek advice from legal professionals. An experienced attorney can guide you through the process, help you make the right decisions, and be your advocate during challenging times. They can demystify the legal landscape and, most importantly, can help you avoid these common mistakes during a wrongful death lawsuit.
Favorable Outcomes in Wrongful Death Lawsuits
If you or someone you know is facing a wrongful death lawsuit in Delaware, don’t hesitate to reach out to Schmittinger & Rodriguez for legal advice. Our team of experienced attorneys is dedicated to ensuring your rights are protected and that you receive the maximum compensation you are entitled to.
We encourage you to schedule a consultation to discuss your case in detail and learn about the personalized legal strategies we can develop for your situation. To gain more insights about wrongful death lawsuits, give us a call at (302) 674-0140.
