The immense grief and devastating feeling becomes quite difficult to handle when a loved one dies because of someone’s negligent actions. If the loved one was the breadwinner, you may be worried how you will make the ends meet without that person, and would probably want to get justice, and more importantly, compensation for all that you have lost. In such situations, family members can file a wrongful death case against the responsible party, and recover for mental anguish, lost wages, funeral expenses, medical costs, lost benefits, and several other things.
While it may seem uncomplicated to file a lawsuit in court and get compensation, many cases are lost because of small errors that could have altered the outcome, given they were avoided. The following are some common mistakes people make in wrongful death cases:
Representing your Case on your Own
You may have done thorough research on the subject and think that you can handle your wrongful death case on your own, but the court system and wrongful death cases are extremely complex for a normal person to understand. You may find yourself struggling with understanding legal terminology, finding relevant evidence, keeping up with the deadlines, and coping with court requirements. This is likely to happen because you cannot learn everything within a few weeks through online guides. Instead of jeopardizing your case, it is better to hire an experienced wrongful death attorney to increase your chances of receiving a favorable outcome dramatically.
Waiting Too Long
It is difficult for a person to think about going to court and starting a case right after the death of their loved one. However, it is important to take prompt action, as according to the Wrongful Death Act, 740 ILCS 180/2, the statute of limitations for filing a wrongful death case in Illinois is two years. This means when two years have passed from the day your loved one died, you cannot file a case against the responsible party. It can take some time to find a good wrongful death attorney, gather evidence, and arrange all the required documentation. That is why it is advisable to take action as soon as possible.
Readily Accepting any Compensation Offered to You
Apart from making you believe that they have got you covered in your worst times, insurance companies try to trick you into accepting a lower settlement amount by making it seem generous and the best available offer. They take advantage of your situation and try to convince that matters can be settled peacefully and you don’t need to go to court. However, never accept such a settlement without consulting with your attorney. This is because your attorney will look for what’s best for you and might be able to negotiate a higher amount of compensation.
The period after the death of a loved one is always difficult, but one must not give away the opportunity to hold the person responsible for their negligent actions by making these mistakes. It is best to work with an experienced wrongful death attorney and improve your chances of getting maximum compensation. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.