Common Mistakes Families In Iowa Make In Wrongful Death Cases

This article covers the following: 

• The importance of timing when filing a wrongful death case. 
• The documents required when filing for claims for emotional suffering.
• The importance of negotiations before taking a wrongful death claim to trial. 

How Can Rushing To Settle Affect A Wrongful Death Case?

After a wrongful death incident, it’s understandable that you would want to have the matter resolved quickly and move forward as soon as possible. However, with wrongful death cases, it’s wise to be more cautious, even if the defendant is initially willing to settle.

If you rush to settle a wrongful death case, you risk getting a far smaller recovery than you might have otherwise. If you have not fully and thoroughly investigated your loved one’s case, you might not get full value in settlement. As emotionally difficult as the process can be for many families, it’s better to be patient and let your lawyer investigate, take the time needed to build a strong case and seek the maximum damages your family deserves.

Why Is Waiting Too Long To Contact An Attorney A Mistake?

Hiring a lawyer as soon as possible after a loved one’s wrongful death will greatly help your case from the beginning. Your lawyer can communicate with the opposing party and insurance companies, which is much better legally and emotionally than handling these interactions on your own. 

Your communications with the insurance company are always going to be recorded. They’ll make it a point to trick you into saying things that could hurt your case down the road. It’s always best to let your lawyer handle these conversations for you. 

Your lawyer can also begin to investigate the circumstances and causes of your loved one’s death, helping lock in evidence that could be lost if too much time passes. You simply won’t have access to the tools or the knowledge to collect that evidence, and a lawyer will make sure this data is identified and preserved.

How Does Not Following Legal Advice Impact Wrongful Death Claims?

Wrongful death claims are highly technical and require guidance from an attorney to help you navigate the process. The advice your lawyer will give you is based on their education, training, experience, and the details and outcomes they have observed in previous cases. 

As a result, not taking your lawyer’s advice could significantly hurt your case. Remember, you’ve hired an attorney because of their experience, training, and knowledge of the law. It’s important to allow them to do their job, trust them, and let them get the best result possible for your case and your family. 

Attorney Gary Kendell is a seasoned lawyer based in West Des Moines, IA, who has helped countless clients just like you navigate the intricacies of wrongful death law. With 28 years of experience, he is prepared to assist you in filing a wrongful death claim, seek justice for your loved one, and ease the financial burden they have left. 

Still have questions? Ready to get started? Contact Gary Kendell today to schedule an initial consultation.

How Does Neglecting To Properly Document Emotional Suffering Affect A Claim?

While physical injuries are easy to document, many clients fail to properly document emotional suffering. As a result, it’s important to seek care for your mental health in the same way you’d seek care for physical injuries. 

A counselor, therapist, or another mental health professional who has spoken with and treated you can be an invaluable help in a wrongful death claim. The therapist or counselor will take notes in sessions with you and will be able to testify as an expert regarding your condition and the extent of the suffering that you have experienced as a result of your loved one’s death. 

These notes and their expert testimony will be invaluable in helping the opposing party or a jury to understand the extent of your emotional and psychological suffering. 

How Can Avoiding Negotiation Impact The Outcome Of The Case?

The litigation process is full of uncertainty and factors that are out of your control. Negotiation and settlement of a case prior to trial allow you to resolve your case in a way that guarantees you gain some compensation for injuries suffered. Juries can be unpredictable, and there are no guarantees that a jury will view your loved one’s case the way you do.

It’s always best to give negotiations a chance and allow your lawyer to speak for you to insurance companies. Your lawyer can help you decide if the settlement offer is appropriate or if going to trial could provide a better and more just outcome. 

What Are Some Common Emotional Hurdles Families Face In Wrongful Death Cases, And How Do You Help Support Them Through This Process?

The biggest hurdle in a wrongful death case is dealing with the loss of your loved one. There’s no amount of money that will make up for the loss of a close family member. It can be difficult, and you may feel somewhat insulted to hear what opposing parties assign as a value to your loved one’s life. 

The litigation process is difficult under the best of circumstances. It’s made that much more difficult when the case involves the death of a loved one. In our office, we do our best to support you by listening to you and working hard to handle the legal aspect of your case so you can take care of your emotional health and your family. In addition, we can refer you to mental health professionals who can be of emotional support, too. 

Still Have Questions? Ready To Get Started? 

For more information on Common Mistakes Families In Iowa Make In Wrongful Death Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 205-1922 today.