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Wrongful Death Claim: Five Factors To Consider

Feb 16, 2023 | Wrongful Death

If you’ve been injured in an accident, or if a loved one has died due to the negligence of another party, then you may be considering filing a compensation claim. It is important that you understand the five factors that could affect your wrongful death claim and ultimately your ability to receive compensation for your injuries. A stronger financial recovery could be possible if these five factors are avoided, rather than committing one or more of them.

1. Lack of Access to Required Information

One of the five factors that could affect your wrongful death claim is the lack of information received from either party. In most cases, people do not receive all the information that is required right away after an accident. However, certain pieces of evidence are crucial, while others will increase your chances of making a full recovery. You must either have or arrange to have obtained the following information immediately:

  • The holder’s address and driver’s license number
  • A witness’s name, address, and phone number; details from the opposing driver’s insurance policy
  • The number on a license plate

2. Refusing to Seek Immediate Medical Attention

Not getting the medical attention that you must receive is another factor to take into consideration. Get emergency medical assistance if you were hurt at the scene of the collision. Allow the ambulance to transport you to the hospital, or if your injuries are severe enough, have someone drive you there. Don’t put off your therapy needlessly. Receiving good and timely medical care will serve two purposes. First, receiving timely medical attention following an accident allows you to avoid the agony and suffering that you might otherwise face. Second, by consulting a doctor or visiting an emergency hospital or clinic, you document your injuries with an impartial expert and define your personal need to manage your injuries as soon as possible.

3. Not Seeking Legal Counsel First

Your enemy is the other driver’s insurance provider. The claims adjuster is an expert at convincing you to take a small amount of money immediately and to show that your injuries are not as bad as they seem to be. They will then use your admissions and comments against you if you subsequently file a claim for more compensation. Before you contact and retain legal counsel, the insurance company wants to pressure you into accepting a rapid settlement for a small sum. You cannot determine the value of your case at the outset of the claim unless you have received training in the field of claims management.

4. Holding Off on Pursuing your Claim

There are two ways in which this will impact your recuperation. First, evidence, witnesses, and supporting details fade away with time. As it becomes more difficult to show the other car’s driver cannot be identifiable any longer, a key witness is missing, or important records are no longer accessible, the value of your case decreases.

5. Choosing the Wrong Lawyer

There are many attorneys in reality. Some are poor, while others are excellent. Does the lawyer of your choice give you information about them so you can make a wise choice? Does the lawyer have experience with situations like yours? (You might need to phone the lawyer or his staff to address this.) Is the lawyer accessible to you and willing to accommodate your particular needs? Do you get to speak with someone immediately, or does it take a while to hear back?

Contact a Los Angeles Attorney Today

The right attorney for you can keep you safe and act as a guide throughout your case. That is, with a good recovery if you retain them as soon as possible after the accident. Call KAASS LAW to talk with our injury and wrongful death attorneys if you want to speak with a lawyer who comprehends your demands and has expertise in doing so. Call us at 310-933-5171. To see our other services, click on this link.