Losing a loved one to wrongful death is one of the most painful experiences a family can endure. The grief is overwhelming, and the legal and financial questions that follow often feel impossible to manage. In the midst of mourning, it is easy to make decisions that unintentionally harm your case or create lasting financial setbacks.
This guide highlights the most common mistakes families make after a wrongful death in Michigan. By understanding these pitfalls early, you can protect your rights, preserve your family’s financial security, and focus on what matters most, honoring your loved one and beginning the healing process. If you need guidance, you can contact The Clark Law Office for a free consultation to discuss your situation and learn the best steps forward.
Mistake #1: Talking to Insurance Companies Without Guidance
After a wrongful death, insurance companies often contact families quickly. They may seem sympathetic, but their goal is to protect their bottom line. Adjusters are trained to ask questions that limit liability and reduce payouts. Families who provide recorded statements or sign documents too soon may unintentionally give up important rights.
The safest step is to avoid speaking with the insurance company until you have legal guidance. An attorney can manage communications, ensure statements are accurate, and protect you from tactics designed to minimize compensation. For more details, see our page on how to talk to insurance companies after a wrongful death, which explains specific tactics and ways families can protect themselves.
❌ Real World Example : Widow’s Statement Cut Settlement. A widow gave a recorded statement to the insurer after her husband’s workplace accident. Her words were later used to argue against liability, and the settlement offer was drastically reduced.
Mistake #2: Waiting Too Long to File a Claim
Michigan law gives families three years to file a wrongful death claim, but waiting too long can be devastating. Delays make it harder to gather critical evidence, track down witnesses, and preserve medical records. Families who hesitate may find their case weakened, and missing the deadline altogether can permanently bar recovery.
Taking action early allows your attorney to investigate thoroughly, preserve evidence, and file before time runs out. Even if you are still grieving, it is important to consult with a lawyer as soon as possible to protect your rights.
❌ Real World Example : Family Missed Deadline. After losing their son in a car accident, a family delayed filing, hoping to reach a private resolution. By the time they sought legal help, crucial evidence had disappeared and the statute of limitations had expired, leaving them without compensation.
Mistake #3: Overlooking Hidden Financial Obligations
Families often focus on legal claims but overlook the financial obligations tied to a wrongful death. Medical bills, funeral expenses, and outstanding debts tied to the estate can create major problems if they are not managed correctly. Creditors may pursue payment, and in some cases, settlements can be reduced or lost if debts are not handled through the proper legal process.
Addressing these issues early with the help of an attorney ensures that obligations are handled fairly and that families keep as much of their recovery as possible. Ignoring them can lead to unpleasant surprises at a time when families are already under significant stress. This is especially important when handling the deceased’s debts after a wrongful death, since unresolved financial obligations can quickly drain settlement proceeds.
❌ Real World Example : Hospital Debts Drained Settlement. After receiving a wrongful death settlement, a family lost much of the recovery to unpaid hospital bills because they had not properly addressed the estate’s obligations through probate.
Mistake #4: Choosing the Wrong Legal Representation
Not every lawyer has the experience or focus needed to handle a wrongful death case. Some general practice attorneys may lack the resources or trial skills required to stand up to large insurance companies. On the other hand, big firms sometimes treat grieving families like file numbers, pushing quick settlements instead of fighting for the full value of a claim.
Families deserve representation from an attorney who understands both the legal complexities and the emotional challenges involved. Choosing wisely can make the difference between a low settlement and a result that provides true financial security.
❌ Real World Example : Inexperienced Lawyer Accepted Low Offer. A family hired a lawyer without wrongful death experience, and the insurance company pressured them into a quick settlement that was far less than what the case was worth.
Mistake #5: Ignoring Emotional and Counseling Needs
Grieving families often focus on the financial and legal aspects of a wrongful death while overlooking the emotional toll. Trauma, depression, and anxiety can linger long after a case is resolved. Ignoring the need for counseling or community support can leave lasting scars that affect every aspect of life.
Seeking help from therapists, clergy, or grief support groups can provide stability during an overwhelming time. Addressing emotional needs alongside legal and financial concerns helps families heal more completely.
❌ Real World Example : Mother’s Trauma Worsened Without Counseling. After her daughter’s wrongful death, a mother focused only on the lawsuit and avoided counseling. Years later, her unresolved grief resurfaced, making recovery far more difficult.
Protecting Your Family by Avoiding Costly Mistakes
The aftermath of a wrongful death is one of the hardest times a family can face. Legal issues, financial pressures, and overwhelming grief often collide all at once. By avoiding common mistakes, families can preserve their rights, strengthen their case, and protect their long-term security.
While no amount of money can replace a loved one, taking the right steps helps ease the financial burden and ensures accountability. With the right support and careful decisions, families can focus on healing while still pursuing justice on behalf of those they have lost.
For more guidance and resources, visit our family support after a wrongful death hub, where we cover counseling, insurance communications, financial concerns, and legal strategy in detail.
Frequently Asked Questions âť“
