Losing a loved one due to another party’s negligence is a tragic and devastating experience. In the wake of your loved one’s preventable death, you will go through a difficult period, especially if the decedent was the household’s breadwinner.
You may be entitled, however, to compensation for the resulting economic and non-economic damages through a wrongful death lawsuit. Your claim to damages, however, hinges on a number of factors.
Here are two costly mistakes you need to steer clear of while pursuing a wrongful death claim in California.
1. Accepting an early settlement
The days and weeks after a loved one’s preventable death can be difficult, to say the least. You may want to do everything in your power, including accepting whatever settlement the defendant has to offer, to get the matter behind you.
When filing your wrongful death claim, however, it is important that you realize that any settlement you take is final – even if it turns out to be inadequate for your needs. The odds are high that the early settlement offers are not the sum you’re really due.
2. Discussing your case with others
While you may be tempted to let the world know what happened or and what you are going through, do not discuss the matter in public. And this includes talking about the incident on social media.
What you say in public can be used against you during the trial or negotiations, potentially barring you from receiving the damages you are entitled to receive. It is in your best interest that you maintain your privacy at least until the matter is litigated and settled because you never know what in your posts might be useful to the defense.
Protecting your rights
Under any circumstances, a death in the family can be overwhelming. If you lose a loved one due to negligence, you need to understand your legal rights and obligations while pursuing a wrongful death claim.