Mistakes To Avoid in a Columbus Wrongful Death Case
When someone dies because of the legal fault of another individual or entity, a wrongful death claim filed against the at-fault party can help surviving loved ones recover the financial compensation they deserve for their loss. Under Ohio law, the personal representative of the deceased individual’s estate can file a wrongful death claim on behalf of the surviving loved ones and the deceased’s estate. However, certain mistakes must be avoided to achieve the best outcome in a wrongful death claim. The following are some of the mistakes to avoid in a Columbus wrongful death case.
Delaying to File the Case
One of the worst mistakes you can make when dealing with a Columbus wrongful death case is delaying filing your case. Ohio has a statute of limitations for wrongful death cases. It is crucial that you initiate the legal process to avoid running out of time and being barred from pursuing compensation.
Not Hiring an Attorney
Wrongful death cases can be complex. These cases involve navigating complex laws and legal procedures. It is not a good idea to attempt to handle your claim alone. An experienced lawyer will understand the rules and legal procedures that apply to wrongful death cases. They can help you interpret the law, apply it to your case, and navigate legal procedures, including filing forms and court procedures.
Failing To Gather and Preserve Evidence
Having a successful wrongful death claim requires ample evidence. To prove the defendant’s negligence caused your loved one’s death and the damages suffered, you need evidence. So, it is vital that you gather and preserve as much evidence as possible. This may include medical records, witness statements, and accident reports. Working with a qualified wrongful death attorney can ensure you gather enough evidence to support your claim.
Speaking Directly With the Insurance Company
The at-fault party’s insurance company may try to contact you. If you have an attorney, you should let them handle all communications with the insurance company. You should avoid speaking directly with the at-fault party’s insurance company. You don’t want to say things to the insurance company that might be misinterpreted and used against you.
Accepting a Settlement Offer Without Speaking to an Attorney
Another mistake you must avoid is accepting a settlement offer from the insurance company without consulting with an attorney. Accepting a settlement offer without consulting with a lawyer may result in inadequate compensation..
Lying or Misrepresenting Facts
Lying or misrepresenting facts can undermine your credibility and damage your case’s chances of success. You should only provide truthful and accurate information.
Contact a Columbus Wrongful Death Lawyer
If you need assistance pursuing a wrongful death claim, contact our skilled and dedicated Columbus wrongful death lawyers at the law firm of Brian G. Miller CO., L.P.A.
Source:
codes.ohio.gov/ohio-revised-code/section-2125.02
