Losing a loved one unexpectedly due to someone else’s negligence can be frustrating. If this is your case, you can file a wrongful death claim. New York laws allow loved ones to claim damages. However, you should be careful when doing this.
The following are three common mistakes to avoid when filing a wrongful death claim:
Fighting with family
Dealing with the loss of a loved one brings out different emotions in family members, which can result in conflicts. For instance, while one may want to take legal action immediately, another may want the family to take time before making any move. Both parties may have the best interest, but not agreeing can lead to fights that can significantly affect the case.
Family members should be on the same page. You don’t need to share opinions but have the same goal for filing the claim.
Discussing the case in public
You and your family members should communicate about the case to avoid misunderstandings. However, do not have discussions in public or one of you talking about it with others. Posting about the case on social media is also not a wise option. Anything you say may affect the claim.
Speaking with the insurance company
The negligent party’s insurer may contact you to settle the case. Speaking with them before getting legal guidance can be harmful. The insurance company is not looking out for you – they will scrutinize every statement you tell them.
Further, when speaking with them, they may offer you a settlement. You should not accept any offer until you have obtained adequate information about the case.
If you lost a loved one due to someone else’s negligence or misconduct, you should consider your options to recover the compensation your family deserves from the parties responsible for the loss.