Losing a loved one because of someone else’s negligence is a terrible tragedy. If this describes you, you may be able to pursue a Geneva wrongful death claim to seek accountability and financial compensation for your loss. However, wrongful death litigation is complex, and small mistakes can hurt your chances of recovering full compensation.Â
Here are the most common mistakes in wrongful death cases.
Failing to Collect Adequate Evidence
In Illinois, a wrongful death lawsuit requires proof that the defendant’s negligence caused the death and that surviving family members suffered measurable losses. This often involves many types of evidence, including accident reports, medical records, witness statements, expert opinions, and documentation of financial harm.
Families sometimes assume that law enforcement investigations or insurance companies will preserve all relevant evidence. Unfortunately, that is not always the case. Critical evidence can disappear before you have a chance to use it for your claim (e.g., surveillance footage may be erased; vehicles may be repaired or destroyed; witness memories can fade, etc.).
In some cases, specialized evidence or expert testimony may be required to establish your claim. Working with experienced legal counsel ensures you collect the right types of evidence to show what happened and who’s liable for your loss.
Speaking with Insurance Adjusters Without Legal Representation
After a fatal accident, insurance adjusters often contact surviving family members to express sympathy and ask for details about what happened. These conversations may seem informal, but they can hurt your claim if you say too much.
Insurance companies are focused on minimizing their liability and controlling costs. Adjusters may ask you misleading questions designed to elicit answers they can later use against you.
For example, an adjuster may ask whether the deceased had any preexisting health conditions or whether they might have contributed to the accident. A casual response can later be framed as an admission of partial fault.
Once you hire an attorney, insurers are required to communicate through legal counsel. This protects you from saying something that could inadvertently harm your case and ensures that all communications go through your attorney.
Allowing the Insurance Company to Shift Blame
One of the most damaging mistakes in wrongful death litigation is allowing the insurance company to shift blame onto the person who died. It is one of the most common tactics used by insurers.
Illinois follows a modified comparative negligence rule. Under this rule, a family can recover compensation only if their loved one was 50 percent or less at fault for the incident. If the deceased is found to be more than 50 percent responsible, the family will be barred from recovering damages entirely. If their fault is less than 50 percent, your compensation award will be reduced by the percentage of fault assigned.
Even a small percentage of fault can significantly reduce a wrongful death award. Without strong legal representation, these blame-shifting strategies may be successful. Your lawyer will conduct an independent investigation, gather evidence, and present a clear case that proves the at-fault party caused your loved one’s death. They will challenge unfair allegations and protect your right to full compensation.
Signing Broad Releases Giving Insurers Access to Your Information
Insurance companies often request that families sign authorization forms to access medical or financial records. Broad releases can open the door to fishing expeditions for information the insurer doesn’t actually need.
For example, a broad medical authorization may allow insurers to review the deceased’s entire medical history, even records unrelated to the incident. They may attempt to argue that prior health conditions contributed to the death.
Similarly, financial releases can give insurers access to sensitive personal information that may have little relevance to the claim. Before signing any documents, it is important to understand exactly what you are authorizing. An experienced wrongful death attorney can review these requests and limit disclosures to only what is legally necessary.
Discussing Your Case Online or With Friends
You may be tempted to share updates about your case or express emotions on social media. However, discussing your case online can create unintended consequences.
Defense attorneys and insurance companies often monitor public posts. Even statements that seem harmless may be taken out of context. For example, a post about attending a family event could be used to argue that emotional damages are less severe than claimed.
You should limit discussions about the case to your attorney and immediate family. Maintaining privacy protects the integrity of your claim.
Accepting a Quick Settlement
In the weeks following a wrongful death, families are emotionally and financially vulnerable. Insurance companies sometimes offer early settlement checks during this period, sometimes before you have had a chance to consult an attorney or fully understand what your case is worth.
These offers may not account for the full value of your claim. Wrongful death damages often include significant long-term losses such as decades of lost income, future benefits, and the intangible value of companionship and guidance. You (or your lawyer) may need to consult with financial experts before you understand the full value of your claim.
Once you sign a settlement agreement, you will waive your right to seek additional compensation for the incident. Rushing to settle your claim can leave significant money on the table.
Not Considering Legal Representation
Perhaps the most significant mistake families make is attempting to handle wrongful death litigation without legal representation. Most fatal injury cases involve complex legal and procedural issues that are often too technical for a non-lawyer. Not surprisingly, research shows that personal injury plaintiffs consistently recover more money when represented by an attorney (up to 3.5x more).
Geneva wrongful death claims are governed by strict deadlines. Generally, families have two years from the date of death to file a lawsuit. Missing this deadline can permanently bar recovery.
Additionally, insurance companies may attempt to shift blame to your loved one to reduce their liability. An experienced attorney can challenge unfounded blame accusations and present evidence that protects your family’s interests.
Essentially, your lawyer handles all aspects of your case, from initial filings and investigations to negotiations and investigations. This allows you to focus on healing rather than managing a complex legal battle.
If you have lost a loved one due to negligence, contact Feagans Law Group to schedule a free consultation with an Geneva wrongful death lawsuit.