Legal Guide

Wrongful Death Lawsuit: Do's and Don'ts

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When pursuing a wrongful death lawsuit, there are some do’s and don’ts that you ought to know about. Some things will lessen your claim, some because they hurt your case, and some because they will work in the defence's favour.

If you need to sue for a wrongful death, then there are multiple intricacies that only an attorney can help you with. Do yourself a favor and get in touch with Stewart Miller Simmons Trial Attorneys, who can give you honest and valuable legal advice on your wrongful death lawsuit in Atlanta, GA.

The Do’s’ and Don’ts of your Wrongful Death Lawsuit

Here are some do’s and don’ts of filing a wrongful death lawsuit to help you decide on what to do next.

The Do’s

1 – Collect Evidence

Between you and your attorney, you should be able to collect some evidence that supports your claim. Although if you are grieving, you may want to choose an attorney that can do this on your behalf. Collecting evidence involves talking with witnesses, collecting numbers, recording physical evidence, and other small things.

2 – Go to Court

Most wrongful death grievances should be aired in a court of law. Why? The first offer is never enough to cover the death of a person. Nothing is. Take them to court and follow things through to the end. Your attorney will ensure you are protected from the worst parts of the trial where possible.

3 – Do Follow Advice

Your attorney has been doing this for a lot longer than you. They know the ins and outs of the court system. They know how to manage it, how to make it work in their favour, and how to avoid things getting worse. If you think you can take a wrongful death claim to court without an attorney, think again.

The Don’ts

1 – Do not turn to the Internet

The opposition will use every piece of evidence they have against you in the lead up to the court date. During your case, it is important that you don’t turn to your online ‘friends’ to air your grievances. Anything that hints at the case should be kept out of the public forum wherever possible. The last thing you want is to lessen the impact of an airtight case because you could not help but chat about it online. All your social sites should be drama free.

2 – Do not put it off…

In most states, the Statute of Limitations on a wrongful death grievance is three years. This means that you only have those three years from the date that your loved one died on, to make a claim. They are strict about this. If your claim falls outside of the three years, you can expect that it will be thrown out of court without so much as a second look.

Rounding Up the Do’s and Don’ts of Wrongful Death Claims

If you follow the advice outlined above, you should soon see that your wrongful death grievance goes the distance when it gets to court.

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