In the midst of grief, it is easy to make missteps that could affect your ability to seek justice and financial security. Many families do not intentionally make these mistakes. They often arise due to emotional distress, misinformation, or a desire to avoid conflict.

Understanding why families make these mistakes can help you recognize if emotions or misconceptions are preventing you from taking action. This chapter outlines common pitfalls and how to avoid them.

1. Delaying Legal Action

Why Families Make This Mistake:

• Overwhelming Grief – After losing a loved one, taking legal action may feel emotionally exhausting. Many families feel paralyzed and put off making decisions.
• Not Realizing There’s a Deadline – Some families assume they can file a claim at any time, unaware that strict time limits apply.
• Avoiding the Stress of a Legal Case – Some people fear that filing a lawsuit will prolong their pain or cause additional emotional turmoil.

Why This Is a Problem:

New York law imposes strict statutes of limitations, meaning you must file within:

• 2 years for a general wrongful death claim.
• 90 days to file a Notice of Claim if suing a government entity.
• 3 years (or 2.5 for medical malpractice) for survival claims.

Waiting too long can cause key evidence to disappear and make it harder to prove your case.

How to Avoid This Mistake:

• Speak with a wrongful death attorney as soon as possible—they can handle the legal process while you focus on healing.
• Keep records of all documents and witness accounts immediately after the incident.
• Understand that filing a claim is not about revenge—it’s about protecting your family’s financial future.

2. Speaking with Insurance Companies Without Legal Representation

Why Families Make This Mistake:

• Trusting Insurance Companies – Adjusters may sound sympathetic and claim they are there to help.
• Financial Pressure – Families struggling financially may be tempted to accept a quick settlement offer.
• Thinking It’s Just a Formality – Many people don’t realize that anything they say to an insurance company can be used against them later.

Why This Is a Problem:

Insurance companies are not on your side—their goal is to pay as little as possible. They may try to get you to:

• Give a recorded statement that could later be used against you.
• Accept a lowball settlement that doesn’t cover future losses.
• Sign documents that limit your ability to sue.

How to Avoid This Mistake:

• Never give a recorded statement or sign anything without consulting an attorney.
• Let your lawyer handle all communication with the insurance company.
• Do not accept any settlement without reviewing whether it covers all your losses, including future financial needs.

3. Posting on Social Media

Why Families Make This Mistake:

• Not Knowing It Can Be Used Against Them – People assume their posts are private or unrelated to their case.
• Seeking Emotional Support Online – Grief often leads people to share their emotions on social media.
• Trying to Move Forward Publicly – Posting pictures of vacations or social outings could be misinterpreted.

Why This Is a Problem:

Insurance companies monitor social media and may use posts to argue:

• You are not struggling financially (if you post about vacations or major purchases).
• You are not emotionally affected (if you post smiling photos).
• You contradict your case (if you post details about the accident).

How to Avoid This Mistake:

• Avoid posting anything related to the case, your grief, or financial struggles.
• Ask friends and family not to discuss the case online.
• Set social media accounts to private, but remember that even private posts can be subpoenaed.

4. Failing to Preserve Evidence

Why Families Make This Mistake:

• Believing Evidence Will Always Be Available – Many assume accident reports, surveillance footage, and witness statements will always be accessible.
• Thinking the Case is Obvious – Some families believe the wrongdoing is so clear that no additional evidence is needed.
• Not Wanting to Relive the Trauma – Revisiting details can be painful, leading some families to avoid documenting anything.

Why This Is a Problem:

• Witness memories fade over time.
• Businesses and cities delete surveillance footage after a set period.
• Medical records and police reports may be harder to obtain later.

How to Avoid This Mistake:

• Collect and store police reports, medical records, accident photos, and witness statements as soon as possible.
• Work with an attorney to obtain surveillance footage before it is deleted.
• Keep copies of all communication with insurance companies and medical providers.

5. Not Documenting Financial Losses

Why Families Make This Mistake:

• Not Thinking Long-Term – Many focus only on immediate costs like funeral expenses.
• Not Knowing What Can Be Claimed – Families may not realize they can seek compensation for future lost earnings.
• Feeling Overwhelmed – Tracking bills, pay stubs, and receipts can feel exhausting during grief.

Why This Is a Problem:

Failing to document all financial losses can result in a much lower settlement than you deserve.

How to Avoid This Mistake:

• Keep all receipts, bills, and pay stubs related to your loved one’s death.
• Work with an attorney to estimate the long-term financial impact.
• Keep a journal documenting how the loss has affected your life financially and emotionally.

6. Underestimating Future Financial Needs

Why Families Make This Mistake:

• Focusing Only on Immediate Expenses – Many families don’t account for lost income over decades.
• Not Considering Inflation – A settlement may seem large now but might not be enough in 10-20 years.
• Not Knowing They Can Claim Future Losses – Many don’t realize they can seek compensation for lost benefits and career growth.

Why This Is a Problem:

A settlement that only covers immediate costs may leave your family struggling in the future.

How to Avoid This Mistake:

• Work with financial experts to estimate the long-term impact of your loved one’s death.
• Ensure any settlement includes provisions for future lost earnings and benefits.

7. Not Seeking Grief Support or Counseling

Why Families Make This Mistake:

• Believing They Should “Be Strong” – Some think seeking help is a sign of weakness.
• Focusing Solely on Legal Issues – Families may put all their energy into the case, ignoring their own emotional well-being.
• Assuming Time Will Heal Everything – While time helps, professional guidance can make coping easier.

Why This Is a Problem:

Ignoring grief can cause long-term emotional distress and even impact decision-making in the legal case.

How to Avoid This Mistake:

• Consider speaking with a grief counselor or joining a support group.
• Recognize that emotional healing is just as important as financial recovery.

Key Takeaways

Navigating a wrongful death claim is challenging, and making mistakes along the way is completely understandable. Grief, stress, and misinformation can all make it difficult to take the right steps at the right time. If you recognize that you’ve already made one of these mistakes, don’t lose hope, many of these errors can be corrected with the help of an experienced attorney. 

Even if you’re unsure whether you have a case, it’s always worth speaking with an attorney to learn your rights. Taking action now can prevent additional stress and hardship down the road. If you feel overwhelmed, know that legal professionals are here to help you every step of the way.