Many believe that contacting the defendant in a wrongful death case is a quick and easy way to resolve the issue. Many reputed lawyers advise against this idea since it can completely ruin the case. It can easily turn against you. In a wrongful death case, always follow everything your lawyer says because even a minor mistake can cost you the case. Here are six reasons why you should never contact a wrongful death case defendant.
Defendant Has Rights, Too
It’s easy to forget that the defendant of a wrongful death case has rights, too. For example, the defendant has the right to be kept out of the media and left alone by the general public. The defendant also has the right to be treated with respect. In other words, the defendant may not want to talk to you.
Can Be Held Accountable for the Death
In many states, the person who contacts the wrong party on a case can be held responsible for the death. In other words, the caller can be sued for damages or even face criminal charges.
Wrongful Death Case May Already Be Settled
It’s important to note that the wrongful death case may have already been settled. In other words, the case may be settled before the death, and the parties are paid a sum. If this is the case, you will want to avoid contacting the defendant.
Defendant May Try to Get You to Make a Recorded Statement
If you contact the defendant, they may try to get you to make a recorded statement. This is done by recording your conversation, manipulating it, and later using it against you in court. This is a very sensitive issue, and in the heat of the moment, you might say something that will not look good on your part. No matter how apparent the guilt, everyone will try to avoid the punishment, one way or the other.
Defendant May Try to Settle Out of Court
If you’re a family member of the deceased, it can be tempting to contact your defendant immediately after they are served with a lawsuit. But if you do this and they refuse to settle out of court, you may find yourself in worse legal trouble than before.
Information Can be Used in the Court
It is essential that you do not talk directly to the defendant. The information may be used against you later on in court. If you do talk to the defendant, they will likely use this against your defense and make it seem as though there was no chance of winning the case. Your lawyer should always be present during any conversation with a potential witness or expert witness. They should also attend all meetings between yourself and other parties involved with your case.
These are just a few reasons why you should never contact the defendant in a wrongful death case. However, it’s important to note that the outcome of the case is not always affected by whether or not you contact the defendant. In other words, the outcome of the case is determined by the facts and evidence gathered.
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