Can you settle a wrongful death claim out of court?

Many wrongful death cases are settled out of court. In fact, to save time, your attorney may try to negotiate a settlement with the insurance company before and after filing your wrongful death lawsuit.

Still, the insurance company may not want to negotiate in good faith. The company may either present a low offer or it may not present any offer at all. If it does give you an offer, your wrongful death attorney can help you decide if it is reasonable.

This way, you will have the chance to accept, reject, or counter the offer. This can go on until both sides agree. Besides the more informal negotiation between the two parties, judges require both sides to go to mediation before they go to trial. This often results in a settlement – the mediator raises many of the problems that will arise in the trial, and both sides can see how the other side, and also the mediator, views the case.

A settlement can occur at any time during the legal process – even if the trial has started. Nevertheless, if the parties are unable to agree on a reasonable settlement, a jury will decide the case and award the damages. Wrongful death claims rarely go to trial. It is estimated that over 90% of these cases are settled out of court. Settling out of court implies a number of important advantages, such as:

• Settling is significantly less expensive: Preparing for a trial takes plenty of time, which increases legal fees. In a lot of cases, settling before trial is the most cost-effective solution for everyone.
• Trials are unpredictable: Trials are known for being very unpredictable. The jury might not agree with your liability assessment, or they might decide that your case is worth less than you think.
• Settling protects your privacy: A wrongful death lawsuit can involve many sensitive issues. If you decide to settle out of court, you can keep the release of this information under control. If the case goes to trial, you may have to deal with undesired media attention.
• Appeals and trials can take years: The legal system moves more slowly than many of us would like. Even a simple wrongful death case may take years to resolve. If you settle out of court, you can solve the matter and focus on moving forward with your life.

How can The Law Offices of Sean M. Cleary help?

In the unfortunate event that you lost a family member due to the negligence of another party, we advise you to file a wrongful death lawsuit with the assistance of The Law Offices of Sean M. Cleary. Our attorney, who has over 20 years of professional experience, will strive to obtain the most favorable outcome for your case, no matter of how complex it might be.