The Dos & Don’ts of Building a Wrongful Death Claim

If your loved one died in a preventable accident, one of the best ways to protect your claim is to speak with a wrongful death lawyer as soon as possible. A well-credentialed attorney with the right experience can help you avoid costly errors, gather evidence, interview witnesses, and handle settlement negotiations on your behalf.

There are, however, certain steps you can take (and mistakes you should avoid) to increase the chances of recovering a fair settlement. Read on to learn a few dos and don’ts of building a wrongful death claim:

Do Seek Legal Counsel Right Away 

Although you can represent yourself during the proceedings, wrongful death cases are incredibly complex. If you go it alone, you might end up making a critical mistake that causes a delay or greatly reduces the value of your claim. As such, it’s wise to seek legal counsel right away.

A knowledgeable wrongful death lawyer will conduct a thorough investigation, interview witnesses, track damages, handle all correspondence with the opposing party, and make sure you are treated fairly by the insurance company. Your attorney will also serve as an on-call source of legal guidance, which can make the entire process far less burdensome. 

Don’t Put off Your Claim 

In Minnesota, there are strict deadlines for bringing wrongful death cases to court. If you cannot reach a settlement with the opposing party, you typically have three years from the date of the death to file a formal lawsuit, though there’s no statute of limitations for lawsuits involving murder. There are, however, several exceptions that can shorten the lawsuit filing deadline considerably.

For example, if you want to sue a government entity, you must notify the appropriate agency within just 180 days. If your claim is denied, you then have three years from the date of death to file suit.

Even if these deadlines are not yet looming, it’s wise to commence the proceedings as soon as possible. Depending on the circumstances, the most valuable evidence may be time-sensitive, which means if you wait just a few weeks to start the investigation, a dispute may be more likely to arise. 

Do Save All Relevant Documentation 

There are all sorts of documents that might contribute to the strength of your claim, so it’s best to save everything related to the fatal accident. Valuable documents may include the police and/or incident report, photographs, medical records, healthcare bills, receipts and invoices for accident- and injury-related expenses, recent tax returns and paystubs of the deceased, and your personal journal about how the passing has affected your family. 

Don’t Post About the Case on Social Media 

It’s only natural to reach out to friends and loved ones for support after a death in the family. Unfortunately, the opposing party could be monitoring your profiles for evidence that can be used to dispute your claim, so it’s best to avoid posting about your case or even using social media in any capacity while your claim is pending. 

Call 800-770-7008 for a Free Consultation with a Minneapolis Wrongful Death Attorney 

If you want to file a wrongful death claim in Minnesota, contact Bradshaw & Bryant. Our compassionate personal injury attorneys will handle all the logistics of your case so you can focus on taking care of your family. Call 800-770-7008 or use our Online Contact Form to set up a free consultation with a wrongful death lawyer in Minneapolis.