It’s terrible to lose a loved one. It’s even worse when someone else was careless and caused the loss.
Filing a wrongful death lawsuit may offer justice, but only if it’s done right. Make a few simple mistakes, and your case will be over.
To avoid those mistakes, talk with the experienced wrongful death lawyers at Lewis Law immediately. They can guide you and help protect your rights.
If you don’t do these four things, you could lose your wrongful death case.
1. Failing to Preserve Key Evidence
There must be strong evidence in every wrongful death case. Not having it makes it impossible to prove that someone caused your loved one’s death. And you won’t get any compensation if you can’t prove who caused the death.
Get the police reports, hospital records, and funeral bills together first. Photographs, witness statements, and any surveillance videos should be kept. Keep everything in a safe place and, if you can, make extra copies.
If you don’t have enough evidence, you could lose your whole claim. Not having a receipt or video can hurt your case in court. Get your proof right away; don’t wait.
2. Missing the Legal Deadline
Cases of wrongful death need to be filed quickly. “Statute of limitations” is the name for the deadline, and each state has theirs. There are many states, like Florida and Oklahoma, where you only have two years to make your case.
That time goes by quickly, especially if you’re sad. During that period, you can get your lawyer and gather records. No matter how strong your case is, it will be thrown out if the deadline passes.
You might not have as much time as you think you do. Talk to a lawyer immediately and start getting ready early. If you miss this date, you will never get justice again.
3. Talking About the Case to Others
Anything you say could be used against you. What you say to friends or post online is part of that. There are a lot of insurance companies and defense lawyers that look for anything they can twist or misinterpret.
Do not talk about the case on Facebook or X. Don’t tell your neighbors or coworkers about the facts. A simple remark can hurt your cause or be taken out of its proper context.
Talk about the claim only with your lawyer or family members you trust. Let your lawyer handle all of the public communication. Loose talk can ruin your case before it even starts.
4. Skipping the Investigation Step
Don’t count on someone else to investigate the death for you. Sometimes, facilities, employers, or hospitals don’t mention deaths that were not their fault. Key facts can be lost or ignored if no one asks for them.
You or your lawyer should ask for an investigation. That could mean getting an autopsy or filing a complaint with the right agency. It could also mean hiring a private investigator to look into the situation further.
You might miss important information if you think someone else is gathering it. A full investigation helps you find the truth and makes your case stronger in court.
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