Wrongful Death Settlements
Losing a loved one is a painful experience, and when their death is due to someone else's negligence, the pain can feel even more overwhelming. Tulekyan Law is here to help you through these difficult times. We ensure you receive the compensation you deserve through wrongful death settlements.
Our experienced wrongful death lawyers are familiar with the intricacies of these cases and will work on your behalf. We're dedicated to providing compassionate and comprehensive legal support to ease your burden.
Settlements in wrongful death cases provide needed financial relief to the families of the deceased. They cover funeral and burial expenses, lost wages, and other losses.
Knowing the difference between settlements in civil lawsuits and court verdicts is vital. Our firm is committed to guiding you every step of the way, from gathering evidence to handling negotiations.
Understanding Wrongful Death Settlements
A wrongful death settlement is a financial compensation or agreement reached without going to trial. It involves the party responsible for the death agreeing to pay the surviving family members a certain amount.
This process is faster and less stressful than a trial, allowing families to avoid the unpredictability of a court verdict. Tulekyan Law aims to secure the best possible outcome for your family through skilled negotiation.
Settlements can vary depending on the circumstances of the wrongful death case. The deceased's income, the circumstances of their death, and the effect on the surviving family all impact them.
Our wrongful death attorneys have the expertise to evaluate these factors and advocate for a settlement reflecting your loss's true value.
Difference Between a Settlement and a Court Verdict
A settlement in a wrongful death claim is an agreement reached between the parties involved, often through mediation. It provides a certain degree of control over the outcome, as both sides agree on the terms.
In contrast, a court verdict is decided by a judge or jury and can be unpredictable. Most families prefer settlements to avoid the emotional toll of a trial.
Settlements also tend to be confidential, benefiting families wishing to maintain privacy. They allow for negotiations that consider both parties' needs and result in an agreeable resolution.
Legal Process of Obtaining a Wrongful Death Settlement
The legal process for obtaining a wrongful death settlement begins with filing a wrongful death claim. This claim states that a person died as a result of another's negligence or intentional harm. Your attorney will prepare and file these documents. We ensure all legal requirements are met.
Once the claim is filed, the negotiation process for a structured settlement starts. This involves discussions between the wrongful death attorney and the defendant's insurance company. Our firm represents your interests in these negotiations. We aim to secure a fair settlement efficiently.
How Is a Wrongful Death Settlement Negotiated?
Negotiation of a wrongful death settlement starts with a detailed case assessment. We review all aspects of the wrongful death, including personal injury, the burden on surviving family members, and any financial losses. We then present a well-supported compensation demand to the opposing party.
The negotiation process can involve several rounds of offers and counteroffers. Our wrongful death lawyers are skilled in negotiation tactics. We ensure your family's needs are met. We strive to reach an agreement that provides fair compensation without requiring a lengthy court process.
Factors Affecting Wrongful Death Settlement Amounts
Several factors can influence the amount of a wrongful death settlement. These include the deceased's age, earning potential, and the circumstances of their death.
Economic Damages (e.g., Medical Expenses, Lost Wages)
Economic damages in a wrongful death lawsuit include quantifiable losses. These include medical expenses incurred before the death and lost future earnings.
Calculating these amounts takes time. We consider both economic factors and the deceased's life circumstances. We lean on expert testimony and financial analysis to ensure these damages are accounted for.
Future financial contributions that the deceased person would have made to their family are key. This can include projected earnings, benefits, and even retirement contributions. Our attorneys work to ensure that every potential loss is evaluated. We want it all included in the settlement negotiations.
Non-Economic Damages (e.g., Pain and Suffering, Loss of Companionship)
Non-economic damages compensate for the intangible losses experienced by the surviving family members. These include emotional distress and loss of companionship. These damages are not easily quantifiable but are consequential to the overall compensation.
The importance of these damages in negotiations can never be overstated. We highlight the emotional consequences of the loss on the family.
Calculating non-economic damages focuses on the relationship between the deceased and the survivors. The closer the relationship, the higher the potential compensation for loss of companionship. Our team ensures that these personal aspects are fully represented in your claim.
We Gather Evidence and Documentation
Negotiating a wrongful death settlement requires comprehensive evidence and thorough documentation. Your legal team meticulously collects all required information, including medical records, financial statements, and witness statements, to build a strong case.
Our approach is methodical and detailed. We review every piece of documentation to ensure nothing is overlooked. This preparation is imperative for presenting a compelling case during settlement negotiations.
Importance of Medical Records and Financial Statements
Medical records provide indispensable insights into the deceased's final health condition and the cause of death. These documents are essential for establishing the link between the wrongful act and the death. We ensure that all relevant medical information is accurately collected and presented.
Financial statements are just as important. They provide a clear picture of the financial impact of the death on the family, including lost wages, potential future earnings, and any other medical bills or costs incurred before the death. Our lawyers analyze these documents to ensure every financial aspect is considered in the settlement.
Role of Insurance Companies
Insurance companies play an important role in wrongful death cases. They are often the parties responsible for paying out the settlement. However, their goal in structured settlements is to minimize their financial exposure, which can lead to negotiation challenges.
Let Your Lawyer Handle Negotiations With Insurance Adjusters
Dealing with insurance adjusters can be daunting. They are skilled at negotiation and often employ tactics to reduce the settlement amount. Your lawyer takes on this challenge for you, dealing directly with the adjusters to protect your interests.
Our attorneys have years of experience negotiating with insurance companies. We are aware of their tactics and know how to counter them effectively. Letting us handle these negotiations ensures your case is represented as strongly as possible.
Common Tactics Used by Insurance Companies
- Quick settlement offers. Insurance companies often offer a quick settlement to close the case before the full extent of damages is realized. Be wary of accepting these offers, as they may considerably undervalue your claim.
- Disputing liability. Adjusters may try to dispute their client's liability in the incident to avoid paying a settlement. Our attorneys are prepared to counter these claims with solid evidence.
- Underestimating damages. Another common tactic is for insurance companies to underestimate the damages. This happens with non-economic conditions, such as emotional distress. Your attorney ensures that all damages are properly calculated and argued.
- Requesting unnecessary information. This tactic aims to delay the settlement process and wear down the claimant. We keep the process on track by providing only what's essential and pushing for timely responses.
- Using statements against you. Adjusters may use things you say in negotiations against you. Our lawyers manage all communication to prevent this from affecting your settlement.
Should You Accept a Settlement?
Deciding whether to accept a settlement in a wrongful death case is a significant decision. It involves weighing the immediate benefits of a guaranteed amount against the potential for a larger award at trial. We provide clear, informed advice to help you make this decision.
Accepting a Settlement
Accepting a settlement offers a definite resolution to your wrongful death action case. It ensures you receive compensation without the uncertainty of a trial.
However, ensuring the settlement adequately addresses all aspects of your loss is crucial. Our attorneys work diligently to secure a settlement that truly reflects the value of your claim. We also work to get wrongful death settlements paid on time.
Going To Trial
If successful, going to trial can lead to higher compensation. However, it involves more time, more emotional stress, and the risk of receiving less than the offered settlement—or nothing at all.
Schedule a Free Case Consultation With Our Burbank Wrongful Death Lawyer
If you are dealing with the aftermath of a wrongful death, you don't have to go through it alone. Tulekyan law has experience negotiating wrongful death claims. While the average wrongful death settlement varies from case to case, we can help you with your wrongful death suit.
Contact us for a free case consultation today. Let us see if we can file a wrongful death suit on your behalf.