Four Common Mistakes Families Should Avoid After a Wrongful Death

Losing a loved one because of someone else's negligence is one of the most difficult experiences a family can face.

Unfortunately, families are often forced to make important legal and financial decisions while they are still grieving and trying to process what has happened.

Over the years, we have seen several common mistakes that can make an already difficult situation even more challenging.

1. Waiting Too Long to Take Action

One of the biggest mistakes families make is assuming there is plenty of time to deal with legal issues later.

There are deadlines that apply to wrongful death and survival claims in Louisiana, and those deadlines can depend on several factors, including when the injury occurred and when the death took place.

More importantly, evidence becomes harder to obtain as time passes.

Witness memories fade, surveillance footage may be deleted, vehicles are repaired or sold, and important documents can become more difficult to locate.

Even if a family is not ready to make decisions immediately, speaking with an attorney early can help preserve options and protect important rights.

2. Speaking Freely With Insurance Companies

Insurance companies often contact family members shortly after a fatal accident to gather information about what happened and begin evaluating the claim.

While those conversations may seem routine, it is important to remember that statements made early in an investigation can sometimes affect how the claim is evaluated later.

For that reason, many families prefer to have an attorney handle communications with insurance companies so they can focus on their family and their grieving process.

3. Accepting a Settlement Too Quickly

Wrongful death cases often involve damages that extend far beyond medical bills and funeral expenses.

Depending on the circumstances, claims may include loss of financial support, loss of companionship, loss of guidance and services, funeral expenses, and other damages suffered by surviving family members.

Louisiana law may also allow certain family members to pursue a separate survival action for damages suffered by their loved one prior to death, including medical expenses, pain and suffering, and mental anguish between the time of injury and death.

Because a settlement typically resolves all claims arising from the incident, it is important to fully understand the nature and value of those claims before making a final decision.

4. Assuming You Must Handle Everything Alone

Many families are accustomed to solving problems on their own.

Unfortunately, wrongful death claims often involve complicated legal issues, multiple insurance policies, expert witnesses, and extensive investigation.

An experienced attorney can help gather evidence, identify responsible parties, work with experts when necessary, and guide families through a process that can otherwise feel overwhelming.

Just as importantly, having someone handle the legal issues often allows families to focus their attention where it belongs—on each other.

Has Your Family Lost a Loved One Due to Someone Else's Negligence?

If your family has lost a loved one because of the negligence of another person or company, we would be honored to answer your questions and discuss your options during a free and confidential consultation.

Call our office at 985-590-6182 to learn more.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.