A wrongful death claim will help you to get compensation for the damages caused by the wrongful death of your loved one. When you file a wrongful death lawsuit in the court, it goes to a judge or jury. After this, the litigation process will begin, where the judge or jury will hear the claims of both parties and decide if the lawsuit is valid or not. If the lawsuit is valid, the court will decide a claim amount that should be paid by the defendant to the plaintiff.
However, most cases do not go to the litigation process as they will be settled outside the court. A defendant or his/her insurance company will try to settle the case prior to it appearing before the court. The amount of compensation the court will decide can be unpredictable. If the court took pity on the plaintiff, the amount can be huge. Hence, to avoid paying such a large amount, the defendant or the insurance company will persuade the plaintiff to settle the claim outside the court.
Although settling your lawsuit outside the court may seem like a good idea, as you don’t have to wait until the end of the litigation process to get money, you should not blindly fall for this offer. There are certain things you should consider before settling your wrongful death lawsuit. Some of them are mentioned below:
The Amount Offered
Usually, when a case is settled outside the court, the amount may be proposed by the plaintiff or the defendant or the representative of the insurance company. The initial offer may not be acceptable for both parties alike. Negotiations will go on until both parties agree on a specific amount of money.
Length of Proceedings
In most cases, it is impossible to predict how long it will take for completing the litigation. It can take a few months to years for this process to end. It can be an exhausting and draining experience for both parties to appear in the court several times. Hence, if both parties want to windup the case as soon as possible they may choose to go for a settlement.
How Strong is the Case?
If the plaintiff has enough evidence to prove the defendant’s liability for the death, then the defendant will try to settle the case as fast as possible to avoid further damage. Likewise, if the evidence is not strong enough for proving that the defendant is responsible for the death, then the success of the wrongful death lawsuit cannot be ensured. In this case, it is better for the plaintiff to accept the best offer they get.
It is better to consult wrongful death lawyers to decide if it is a good idea to settle your case outside the court. He will study different aspects of the case to suggest you the best possible solution.