Losing a loved one due to another party’s wrongful act is devastating. Filing a wrongful death lawsuit allows surviving family members to seek compensation for financial support, medical bills, and emotional distress resulting from their loved one’s death. While a wrongful death claim can provide justice and financial recovery, certain red flags could weaken your wrongful death lawsuit.
It can also reduce the maximum compensation you or the deceased person’s estate may receive. There are over at least 7 myths about wrongful death lawsuits that can impact cases. Moreover, certain violations can make the cases even more complications if not handled timely.
Therefore, if you want to pursue this personal injury lawsuit, you should know the details of potential red flags. This can help you even if you are the only person who wants to pursue a case.
9 Red Flags That Could Weaken Your Wrongful Death Lawsuit
Understanding 9 red flags that could weaken your wrongful death lawsuit is essential when working with an experienced wrongful death lawyer to ensure your wrongful death suit is as strong as possible.
1. Failing to Establish Negligence
One of the biggest mistakes in wrongful death cases is failing to establish negligence on the part of the other party. Unlike a criminal case, where guilt must be proven beyond a reasonable doubt, a wrongful death lawsuit only requires proving that the defendant’s unreasonable conduct directly led to the person’s death.
To build a strong case, you must demonstrate the following elements:
- The other party had a legal duty to provide proper care or act responsibly.
- They breached that duty through reckless driving, gross negligence, or intentional actions.
- This breach directly caused the death of your loved one.
- As a result, the surviving family members suffered financial and emotional losses.
If your personal injury attorney cannot clearly connect these elements, your case may lack merit.
2. Delaying the Filing of a Wrongful Death Claim
Every state has a statute of limitations that dictates how long family members or a personal representative of the decedent’s estate have to file a wrongful death claim. Missing this deadline could result in an automatic dismissal, barring you from pursuing financial compensation.
In most wrongful death cases, the statute of limitations ranges from one to three years from the date of the person’s death. However, certain exceptions may apply, such as cases involving criminal charges or fatal workplace injuries. Consulting an experienced attorney as soon as possible ensures your case is filed within the required timeframe.
3. Choosing the Wrong Personal Representative for the Case
Only the right person can file a wrongful death lawsuit on behalf of the deceased person’s estate. Each state has specific laws regarding potential plaintiffs, and errors in selecting the personal representative can weaken or even invalidate the claim.
The following individuals are generally eligible to bring forth a wrongful death suit:
- Surviving spouse or domestic partner
- Children or legal dependents
- Parents of the deceased person
- A personal representative of the decedent’s estate
If multiple parties attempt to file separately or disputes arise over who is eligible, this can delay or derail the legal process.
4. Lack of Strong Evidence and Witness Statements
A lack of solid evidence can significantly weaken your wrongful death lawsuit. Courts and insurance companies rely on detailed witness statements, medical records, accident reports, and expert testimony to determine liability and financial compensation.
Key pieces of evidence that strengthen wrongful death cases include:
- Medical experts’ evaluations to confirm the cause of death.
- Witness statements from those who saw the car accident, fatal workplace injury, or dangerous condition.
- Autopsy reports verifying the cause of the deceased person’s passing.
- Surveillance footage, photographs, or dashcam recordings.
- Employment records if the wrongful act occurred at work.
If this evidence is missing or inconclusive, the defendant’s law firm may argue that your claim lacks credibility.
5. Settling Too Quickly Without Considering Larger Settlements
Many families are eager to seek compensation quickly to cover burial costs, medical expenses, and financial losses. However, insurance companies often offer lowball settlements that do not account for non-economic damages such as:
- Emotional distress
- Loss of companionship
- Pain and suffering
Accepting an early settlement offer without consulting an experienced personal injury attorney may mean forfeiting the chance at larger settlements that account for the full extent of the financial support lost.
6. Ignoring the Potential for Punitive Damages
In cases where the wrongful death was caused by gross negligence or intentional actions, punitive damages may be awarded in addition to standard economic damages. These additional funds serve as punishment to the other party for their wrongful act and can significantly increase the overall financial compensation.
Examples of cases where punitive damages may apply include:
- Reckless driving leading to a car accident
- Nursing home neglect resulting in a preventable death lawsuit
- An employer ignoring workplace safety regulations in a fatal workplace injury
If your legal team does not pursue punitive damages, you may leave significant compensation on the table.
7. Failure to Consider the Long-Term Financial Impact
Beyond burial costs and immediate medical expenses, a wrongful death lawsuit should account for long-term financial recovery. This includes:
- Loss of income and earning potential the deceased would have provided.
- Future medical bills if the accident victim sustained injuries before passing.
- Ongoing mental health treatment for surviving family members suffering trauma.
A weak legal claim may only focus on short-term compensation, overlooking the need for sustained financial support over time. Therefore, victims or affected parties need to know their options, even if it’s a wrongful death lawsuit against police.
8. Representing Yourself Instead of Seeking Legal Representation
Some families believe they can handle a wrongful death claim without hiring an experienced wrongful death lawyer. However, wrongful death cases involve:
- Complex trial processes
- Negotiations with the insurance company
- Filing proper legal documents
- Navigating criminal court overlap if criminal charges are involved
Without professional legal representation, surviving family members may struggle to establish negligence, present expert witnesses, or counter insurance company tactics aimed at reducing payouts.
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing unless your case is successful. Taking advantage of a free consultation with a law firm can help you evaluate your options.
9. Lack of Medical Documentation and Expert Testimony
A wrongful death lawsuit must prove that the death resulted from an unreasonable act, dangerous condition, or failure to provide proper care. Without clear medical records and expert testimony, the defense may argue that other factors contributed to the person’s passing.
Medical documentation should include:
- Cause of death reports from medical experts
- Proof that the accident victim required serious injury treatment before passing
- A breakdown of medical expenses incurred before the deceased person’s estate filed the claim
Final Thoughts
Filing a wrongful death suit is a challenging legal battle that requires careful legal representation, strong medical records, and a clear argument for maximum compensation. Avoiding these red flags can mean the difference between financial recovery and an unsuccessful claim.
If you’ve lost a loved one due to gross negligence, reckless driving, or a fatal workplace injury, consulting an experienced wrongful death attorney is crucial. We recommend contacting our professionals at Bourassa Law Group to get more guidance on such matters and get all the help you need.
Your family deserves justice and financial compensation necessary to move forward. That’s what we’ll assist you with.
1-800-870-8910