Coping with the loss of a loved one is never easy, but it can be especially difficult when the death is totally unanticipated. Unfortunately, accidental injuries are a leading cause of death in the United States.
Every year, more than 150,000 people die as the result of unintentional injuries. Although filing a tort claim against the person responsible for a wrongful death will not undo the trauma, it may help surviving family members put their lives back together.
In order to recover a fair settlement, claimants must prove both liability and damages. They must also avoid mistakes that would give the opposing party a reason to dispute the claim.
At Coxwell & Associates, we can review your case for free, gather the evidence needed to strengthen your claim, and help you anticipate and avoid crucial errors. Our personal injury attorneys have built a reputation on providing aggressive and compassionate representation. Call (601) 265-7766 to schedule a consultation with a wrongful death lawyer in Jackson.
Read on to learn a few common mistakes to avoid when filing a wrongful death claim:
1. Letting Too Much Time Pass Before Taking Legal Action
You should seek legal counsel as soon as you suspect a loved one has been the victim of wrongful death. In the state of Mississippi, claimants typically have three years from the date of death to file a formal suit against those responsible for the accident, but there are exceptions that can shorten this deadline considerably.
For instance, if the death was the result of intentional harm, the statute of limitations is just 12 months. Claims against government entities also must be filed within one year, but the family must notify the appropriate agency at least 90 days before commencing the proceedings.
2. Corresponding with the Opposing Party
In most wrongful death suits, families do not actually go up against the at-fault parties but, rather, against their insurance providers. At the end of the day, insurance companies and claimants have opposing goals.
Insurance adjusters are not above using devious tactics to deny or reduce the value of claims, so it’s wise to avoid corresponding with them at all. Instead, let your attorney handle all phone calls and emails on your behalf.
3. Posting About Your Case on Social Media
Social media offers a convenient way to connect with friends and family after the death of a loved one. You may want to notify those close to you about what happened and rely on them for emotional support.
But keep in mind the insurance adjuster can review your social media accounts for posts that can be used to dispute your claim. Try to avoid discussing your case or the circumstances of your loved one’s death online. In fact, it’s best to avoid using social media while your case is pending.
Call (601) 265-7766 to Speak with a Wrongful Death Attorney in Jackson
If you want to file a wrongful death claim in Mississippi, turn to Coxwell & Associates to discuss your case. We have won nearly $300 million for our clients in successful settlements and verdicts. Call (601) 265-7766 or use our Online Contact Form to set up a free consultation with strategic a personal injury lawyer in Jackson.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.