Following the unexpected death of a loved one, the last thing on anyone’s mind is court. For this reason, when a fatal accident occurs it may be in a family’s best interest to settle a wrongful death case. Settlement negotiations frequently result in compensation for families when there is a good case for the plaintiff. Every case is different, but settlement negotiations often result in compensation for the families.
There are many reasons why a family may choose to take the case to court. One reason a settlement is not the best option is when the settlement amount is too low. When the case is more valuable, a wrongful death lawyer will not take a low settlement offer and they push the case into litigation. Speak to a wrongful death attorney to learn about the benefits and consequences of settling a Fort Worth wrongful death claim.
Factors To Consider When Deciding Whether Deciding To Try Or Settle A Case
Important things to consider when deciding whether to bring a case to trial or to try to settle include the following:
- Potential value of the lawsuit
- Length of a potential trial
- Time needed to get a trial date
- Possible delays in getting to trial and/or the length of trial
- An honest assessment of the chances of winning a trial
- Similar cases achieving positive or negative results
- Unfavorable publicity for either side
- Potential disclosure of trade secrets
- Weaknesses in evidence collected by the plaintiff’s or defendant’s attorney
- The possibility of having to pay the other side’s attorney’s fees if the trial results in a loss
It is best to speak with a skilled wrongful death attorney because there are so many things to consider when deciding to settle a case.
For a free legal consultation, call (817) 775-5364
How Long Does It Take To Settle A Claim
The length of wrongful death settlement negotiations is specific to each case. A wrongful death lawyer always advises their client to be prepared for a lengthy process. When things settle quickly, everyone is happy.
The facts of the case and the willingness of the defense to make a reasonable deal as well as the willingness of the plaintiff to not overvalue their case are factors that could contribute to the length of settlement negotiations.
What Role Of A Judge and Jury in a Fort Worth Wrongful Death Claim?
Judges apply the law to the court cases and oversee the legal process. They resolve administrative disputes and help facilitate negotiations between the parties.
If someone tries a wrongful death case to a jury, the jury determines who wins the case. Liability is one of the elements that must be proven or disproven by the plaintiff to win on a wrongful death case. That is a normal issue that both the plaintiff and the defense discuss in a trial. It is up to the jury to decide the percentage each party is at fault.
A jury charge is given to the jury. It is agreed upon by both sides and approved by the judge. It gives the jury some guidance on how to value the case.
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Reach Out To A Wrongful Death Attorney
The length of a wrongful death suit can be drawn out and is not pleasant for anyone. A wrongful death case may be draining and emotionally exhausting and could continue longer than necessary. To avoid the drain of a long court case, both parties often want to finish quickly to allow life to move on and heal as best as possible. In many cases, settling prior to a trial allows the process to finish faster. If a case does not go through litigation, it may be settled through mediation or arbitration.
A person should not represent themselves in a wrongful death settlement negotiation. They should hire a competent wrongful death attorney. A dedicated attorney would walk them through the steps of a wrongful death claim. Call today to learn about the nuances of settling a Fort Worth wrongful death claim.
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