With all civil cases, the chance of going to trial is roughly about 5 percent. There are some points to consider when it comes to settling or going all the way through trial. In a court case, the jury will determine how much value is placed on the loss of the deceased. With a settlement, an offer is proposed by either the plaintiff or the defendant. The Initial offer usually is not accepted. In most cases, the parties go back and forth until a sum is agreed upon. There is always a higher risk of taking a wrongful death case to a trial, but the rewards can be bigger as well. It is best to retain the assistance of an experienced lawyer to understand the difference between trial versus settling an Arlington wrongful death claim.
Factors to Consider When Deciding Whether To Bring a Case To Trial Or To Try To Settle
When considering to bring a case to court or settling, there are several factors to consider.It is important to consider the amount of the settlement versus the anticipated amount of going to trial, the length of the trial, how long it will take to go to trial, possible delays in getting to trial, the honest assessment of winning a trial, whether similar cases have achieved positive or negative results.
There could be unfavorable publicity for either side if there is a trial, weaknesses, and evidence collected by the plaintiff’s attorney, or weaknesses in the other side’s evidence, the possibility of having to pay the other side’s attorneys fees if the trial resulted in a loss.
A main reason to reject a settlement is because the offer is not high enough. If it was a worthy settlement, then it is encouraged to take the deal, but if the value of the case is higher than that, then it would not be in the best interest to accept the settlement and it would be a better course of action to push the case further into litigation.
The Strength Of The Case
Many times, parties involved in a wrongful death case are swayed by what they believe are their chance to win a favorable judgment. If defendants know the case against them is strong, they might be inclined to stop the process in its tracks and minimize the damage by making immediate offer. Just the same, plaintiffs do not have an exceptionally strong chance of getting a favorable judgment, they may adopt to take what they can get approach and make things swift and efficient.
Mediation Or Arbitration
Mediation could happen pre-suit or after suit, and this allows the both sides an opportunity to impartial mediator who offers his or her expertise and advice as to how the case should be settled and how money should be awarded.
Another option is working with an arbitrator. This individual listens to both sides and meets with both the plaintiff and defendant and the arbitrator then makes a ruling based on interpretation of the situation. Both of these have costs associated with them, but they may be a good option to pursue as opposed to going all the way through a trial.
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Length Of Wrongful Death Settlement Negotiations
Lawsuits are not pleasant for anyone involved, it can be long, draining, and emotionally exhausting. Many times, to avoid the drain of a long court case, both parties will want to wrap things up as fast as possible. The plaintiff may be tired, overwhelmed, and in intense grief. So many wrongful death cases settling out of court will allow the process to finish faster.
Occasionally, a wrongful death case can be settled relatively quickly. Those tend to be cases where the liability is really clear on the at-fault party, and the policy limits are really low. Wrongful death cases are generally complex and the insurance company does not want to pay what they should, and because of that, a lawsuit will need to be filed. With the backlog of cases with the courts, it could take a few years for the cases to settle out.
How a Wrongful Death Lawyer Could Help With Settling a Claim
For a wrongful death case, an experienced lawyer is going to lay out the benefits and risks, both of the negatives and the positives of a settlement versus a trial. An attorney can give you all the pertinent information and tell you what the best course of action should be. Since each case is different, then the decision to go to a trial or to accept the settlement is going to differ on a case by case basis, but a seasoned and skilled wrongful death attorney can help guide your family. Call today to learn about the difference between trial versus settling an Arlington wrongful death claim.
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