Losing a loved one in a preventable accident is a devastating experience. In addition to the emotional toll, some families must also confront the challenges of seeking justice and compensation through wrongful death lawsuits.
As civil claims that require plaintiffs to meet the burden of proof and contend with defendants and insurance carriers looking to protect their bottom lines, wrongful death lawsuits can be complex and fraught with potential pitfalls. Unfortunately, making mistakes when bringing a claim can greatly jeopardize a family’s chance of securing the outcome they deserve.
If you recently lost a loved one in North Carolina and are exploring options to secure justice and compensation, keep in mind that you (and any attorney you work with) will need to avoid mistakes at every stage of the wrongful death process. Some of the most common mistakes we see families make include:
- Delaying Legal Action. One of the most common mistakes is delaying the decision to take legal action. In North Carolina, the statute of limitations for wrongful death claims is typically two years from the date of death. This means you have a limited window of time to file your lawsuit. Delays can lead to lost evidence, fading memories, and a diminished ability to build a strong case. Our firm understands the urgency of these matters and ensures that we act promptly to gather evidence and file claims within the legal timeframe.
- Inadequate Investigation. Another critical mistake is failing to conduct a thorough investigation. A wrongful death claim hinges on proving negligence or fault, which requires solid evidence. Without a detailed investigation, crucial details can be missed, weakening your case. Our team at Hyland, Padilla & Fowler, PLLC conducts exhaustive investigations, collecting witness statements, reviewing accident reports, and consulting with relevant experts to build a comprehensive and compelling claim that stands up in court.
- Misunderstanding the Legal Process. The legal process for wrongful death claims can be complex, and misunderstandings can lead to procedural errors that delay or even jeopardize your case. Properly filing documents, adhering to court rules, and meeting deadlines are crucial components of the process. Our experienced attorneys are well-versed in the intricacies of wrongful death litigation. We guide clients through every step, ensuring all legal procedures are meticulously followed and cases progress smoothly.
- Underestimating the Value of the Claim. Families often underestimate the true value of their wrongful death claims. It's essential to consider not only immediate expenses such as medical bills and funeral costs but also future financial losses, pain and suffering, loss of companionship, and other non-economic damages. Wrongful death cases typically have two components: the wrongful death claim brought by qualifying family members and the survival action brought on behalf of the estate. The survival action seeks damages incurred by the decedent prior to death, such as their conscious pain and suffering, medical bills, and lost wages. Our firm collaborates with economists and financial experts to thoroughly assess the full extent of your losses, ensuring that you seek appropriate compensation that truly reflects your needs and the impact of your loss.
- Accepting a Quick Settlement. Insurance companies frequently offer quick settlements that are significantly lower than the actual value of the claim. Accepting these offers can result in inadequate compensation, leaving you without the necessary resources for long-term needs. At Hyland, Padilla & Fowler, PLLC, we negotiate aggressively with insurance companies to secure fair settlements. We understand the tactics used by insurers to minimize payouts, and we are prepared to take your case to court if necessary to fight for the compensation you deserve.
- Lack of Communication. Effective communication between you and your attorney is vital to the success of your case. Poor communication can lead to misunderstandings, missed deadlines, and a lack of clarity about the case’s progress. Our firm prioritizes clear and consistent communication with our clients. We keep them informed about every development, explain complex legal concepts in an understandable manner, and ensure that all their questions are answered promptly.
- Not Hiring an Experienced Wrongful Death Attorney. Attempting to handle a wrongful death claim without experienced legal representation can significantly diminish your chances of success. Wrongful death cases are inherently complex and require specialized knowledge. At Hyland, Padilla & Fowler, PLLC, we have extensive experience handling wrongful death claims, and are backed by a proven record of success. Our attorneys have the skills and resources necessary to navigate the complexities of wrongful death litigation effectively, and are passionate about helping families through difficult times.
Hyland, Padilla & Fowler, PLLC: Fighting for Families Across North Carolina
Filing a wrongful death lawsuit is a crucial step toward seeking justice and securing the financial future of your family after the tragic loss of a loved one, but constructing a successful claim requires ample work, careful preparation, and the insight of experienced counsel.
At Hyland, Padilla & Fowler, PLLC, we’re proud to serve families throughout North Carolina in wrongful death cases arising from all types of preventable accidents, including those involving motor vehicle collisions, commercial truck accidents, defective products, and more. If you have questions about a case and how to avoid costly mistakes, we’re here to help.
Request a FREE review of your case by calling (919) 891-8361 or contacting us online.