Common Mistakes After a Wrongful Death in the Family

Losing a loved one unexpectedly is one of the most painful experiences that anyone can go through. When the loss occurs due to the negligence or misconduct of someone else, the emotional distress and financial burden can be difficult to face.

Oftentimes, the surviving loved ones will face huge hospital bills, funeral expenses, loss of income, and the mental anguish of losing someone too soon.

During these difficult times, it can be easy to make quick decisions and not consider what the future might hold. However, following a wrongful death, it's always in your best interest to work with a wrongful death lawyer. An experienced wrongful death attorney, such as the team at Tom Fowler Law, can make all the difference. They can also help you avoid these common mistakes after a wrongful death in the family.

1. Family Members Waiting Too Long to Take Legal Action

One of the most common mistakes a family can make is waiting too long after an unexpected death to get legal representation and seek justice. In Iowa, you typically have two years from the date of death to file a lawsuit and seek compensation.

Though that might seem like a long time, crucial evidence can disappear, and it makes doing a thorough investigation very difficult. Starting a civil lawsuit, in addition to any criminal case that might be occurring, as quickly as possible is imperative. A civil case against a person's negligence can be just as important as any criminal charges that might come for the negligent party.

Tom Fowler Law encourages families to reach out as soon as they are emotionally ready, ensuring their rights are protected before critical deadlines expire.

2. Speaking to Insurance Companies Without Representation

It is very common for insurance adjusters to contact families after a wrongful death to offer condolences and discuss settlements. While this might seem nice and helpful, it's very rare to get a fair settlement in this way.

Never accept an insurance company's initial offer, and don't offer any recorded statements or sign documents without speaking to a law firm. It may be best to allow a wrongful death attorney in Des Moines IA to take the reigns here, and if a wrongful death lawsuit is necessary to ensure just compensation, they can help you navigate through the legal process.

3. Accepting a Quick Settlement Offer

As stated, an insurance company might contact you and project themselves to have your best interests in mind, but they don't. They will try to offer a settlement that is unfair and might not even cover basics like medical and funeral expenses.

Wrongful death claims are much more than that. You might be dealing with the death of the family breadwinner and dealing with lost income or lost wages. A minor child might have lost their parent in a fatal accident and will need financial support for many years to come. Even if the victim was older or didn't have young children, it's still very important to never accept a settlement without first speaking to a lawyer. They can also share information on common mistakes after a rideshare accident.

4. Failing to Gather and Preserve Evidence

Evidence is important in any wrongful death claim. Unfortunately, families sometimes overlook this. When a wrongful death claim arises and families are ready to go about pursuing justice, evidence is critical for a favorable outcome. Some of the ways you can gather evidence include doing the following:

• Getting accident reports or police reports

• Obtaining medical records and autopsy results (especially in medical malpractice cases)

• Taking photos or videos of the accident scene (in car accidents)

• Gathering witness accounts and witness statements

• Employment and income records (pay stubs)

Without these materials, it becomes much harder to prove negligence or establish the full financial impact after a loved one's death. Attorneys at Tom Fowler Law work quickly to secure evidence and prevent important details from being lost so they can protect the family's rights.

5. Not Understanding Who Has the Right to File a Wrongful Death Claim

It's also common for people to be confused about who has a right to file civil claims in these cases. Typically, the claim is filed by the administrator or executor of the deceased person's estate on behalf of grieving families.

This person, or persons, generally include:

• The surviving spouse

• Children or stepchildren

• Parents (if the victim was unmarried or had no children)

An attorney can help families determine the correct party to represent the estate, ensuring the case is filed properly and proceeds smoothly through the court system.

6. Underestimating the Financial Impact of the Loss

Sometimes, surviving family members don't look at the long term financial issues that they might have in the future. Instead, they only focus on things like medical bills or funeral costs. However, wrongful death cases often lead to long-term financial consequences. In such cases, families won't get the deceased's future earning, retirement benefits, or perhaps afford things that they are used to.

Tom Fowler Law works with financial experts to accurately calculate the full economic impact, so families receive compensation that reflects not just what they lost today, but what they’ll lose over a lifetime.

7. Failing to Consider Emotional and Non-Economic Damages

In addition to financial loss, Iowa allows families to also see non-economic damages caused by the at-fault party's negligence. This includes for emotional suffering, loss of companionship, and the impact on other relationships.

Many families underestimate how these intangible losses influence the overall value of a wrongful death claim. While money can never replace a loved one, fair compensation provides stability and justice, acknowledging the emotional devastation caused by another’s negligence.

An experienced attorney ensures these damages are fully documented and presented to the court or insurance company. They can also consult on what to do after a car accident with a drunk driver.

8. Trying to Handle the Case Alone

Wrongful death claims are among the most complex areas of personal injury law. They often involve multiple parties — such as drivers, employers, corporations, or manufacturers — and extensive investigation.

Families who attempt to navigate the process alone may struggle with legal deadlines, insurance negotiations, and evidence gathering, all while dealing with grief.

Having an experienced legal team like Tom Fowler Law provides peace of mind. The firm handles all aspects of the claim, allowing families to focus on healing while ensuring their rights are protected. Reach out today for a free consultation.