Common Mistakes After a Wrongful Death in the Family

The sudden loss of a family member due to the negligence of another person is one of the most devastating experiences a family can endure. In addition to grief, oftentimes, the surviving family members are faced with legal, financial, and practical decisions that they are forced to make. During this time, it can be very overwhelming, and mistakes are often made. Many of these mistakes can actually negatively affect the family's ability to get the compensation they deserve through a wrongful death claim.

An experienced attorney is imperative in these cases, and when a wrongful death claim arises, families need a wrongful death lawyer to guide them along the way.

Critical Mistakes for Family Members to Avoid After a Wrongful Death

Waiting Too Long to File a Wrongful Death Claim

One of the most common mistakes, as well as the most costly, is delaying taking legal action and beginning to start the legal process as soon as possible. There are strict laws in New York that govern when a claim must be filed. If a surviving spouse or family member waits too long to seek justice, they could find that they are ineligible to seek compensation.

In addition to that, following a loved one's death, crucial evidence may start to fade. Memories may become unreliable, surveillance footage might get erased, and important documents might become more difficult to get.

The quicker a surviving family member files a civil lawsuit, the better.

Assuming Criminal Charges and Legal Action Automatically Lead to Compensation

Grieving families sometimes believe if criminal charges were filed in the case, or if the responsible person is convicted, that the civil claims are also handled at the same time. This, however, is not the case.

Criminal charges due to a person's negligence are separate from the civil case. A criminal case will focus on punishment, while a wrongful death lawsuit will seek compensation to cover things like mental anguish, emotional distress, medical and funeral expenses, lost wages, and more.

Failing to Identify All Liable Parties

Another mistake that people make in a wrongful death case is assuming that only one person or entity is responsible. In many cases, more than one person or entity is liable. This is especially true in fatal accidents at work, in commercial car accidents, and in medical malpractice cases.

A thorough investigation into the case is necessary to determine who the liable parties are. Each of these parties may carry a different type of insurance coverage, and overlooking this can reduce the total amount of recovery for the family.

Accepting an Early Settlement Offer from an Insurance Company

In a legal case like this, financial security is important, and this is even more true when the deceased person was the breadwinner or provided a lot for the family. As much as some people want to go about pursuing justice, they think it's just easier to accept an insurance company's offer instead of wait a court or insurance company to decide what happens to the deceased's estate.

However, an early settlement rarely covers what is truly needed, and once a settlement is accepted, you can't go back and seek additional compensation for lost income, lost benefits, or other losses...even if there is a financial need in the future.

Not Understanding Who Has the Right to File the Claim

In New York, wrongful death claims must be filed by the personal representative of the deceased person’s estate, not individual family members acting independently. Families sometimes assume that a spouse, parent, or child can file a claim on their own, which can lead to procedural errors and delays.

Failure to properly appoint an estate representative or follow required legal steps can complicate or invalidate a claim. Understanding who has standing to file is critical to moving the case forward correctly.

Overlooking the Full Range of Damages

Many families focus solely on immediate financial losses, such as funeral costs or outstanding medical bills. While these are important, wrongful death claims may include a broader range of damages.

Recoverable damages can include loss of financial support, loss of household services, loss of parental guidance, and loss of companionship. In some cases, pain and suffering experienced by the deceased prior to death may also be recoverable through a related survival action. Underestimating these damages can result in compensation that fails to reflect the true impact of the loss.

Speaking to Insurance Adjusters Without a Law Firm

Insurance adjusters may contact surviving family members soon after a wrongful death, requesting statements or additional information. While these conversations may seem routine, they are often designed to limit the insurer’s liability.

Statements made during emotionally vulnerable moments can be misunderstood, taken out of context, or used to dispute aspects of the claim later. Once recorded or documented, these statements are difficult to retract.

Failing to Preserve Evidence

In wrongful death cases, evidence preservation is essential. Families may unintentionally discard personal items, medical records, correspondence, or electronic data that later become critical to the case. In some situations, vehicles, equipment, or defective products involved in the death may be repaired or destroyed before they can be examined.

Preserving evidence allows these auto accident lawyers in Long Island and experts to reconstruct events and establish liability. Once evidence is lost, proving negligence becomes far more difficult.

Posting About the Loss on Social Media

In the age of social media, families often share memories, emotions, and updates online. While this may provide emotional support, social media activity can be monitored by insurance companies and defense attorneys.

Posts that appear to show coping, travel, or moments of happiness may be misinterpreted and used to argue that emotional damages are exaggerated. Even well-meaning posts can unintentionally undermine a wrongful death claim.

Attempting to Handle the Civil Case Without Legal Representation

Wrongful death cases are legally complex and emotionally charged. Attempting to navigate the process without experienced legal guidance often puts families at a disadvantage when dealing with insurers, corporations, or defense attorneys. This can also be a common mistake after a rideshare accident.

An experienced wrongful death attorney understands how to investigate claims, calculate damages, comply with procedural requirements like critical deadlines, and negotiate aggressively on behalf of surviving family members. A legal team will ensure that everything is filed properly. Without legal representation, families may unknowingly accept less than they deserve or make errors that weaken their case.

Work with the Law Office of Carl Maltese to Pursue a Fair Settlement - Get a Free Consultation

No legal action can truly compensate for the loss of a loved one. However, a wrongful death claim can provide financial stability, accountability, and a sense of justice during an otherwise devastating time. Avoiding common mistakes allows families to focus on healing while protecting their legal rights.

By understanding the complexities involved and seeking knowledgeable guidance, families can make informed decisions that honor their loved one’s memory and safeguard their future.

Losing a loved one is extremely difficult, and it can lead to emotional suffering. The experienced legal team at The Law Office of Carl Maltese can help. Reach out today for a no obligation consultation.