Settling McKinney Wrongful Death Cases

Both plaintiffs and defendants usually prefer to settle a case out of court if they can, because the court process is long, time-consuming, and expensive. The problem is what is rational to one side may not be rational to the other side. Insurance companies realize that many plaintiffs are desperate, especially when a wage-earner has been killed and has dependent children or other family members. Therefore, the insurance company sometimes has the leverage to settle for a lesser amount if it delays.

For the claimant, it is always better to settle out of court if the money is right, but it can be difficult as the insurance company is trying to save value.

By making strong demands, working up the liability and damages, and making requests that can create a conflict between the insurance company and the insured or excess carrier, a skilled lawyer could make it entirely rational for the insurance company to settle the case earlier in the claims handling process.

Sometimes the only way forward to a fair resolution is filing the lawsuit and prosecuting it vigorously. As for settling McKinney wrongful death cases out of court as opposed to going to court, it usually takes litigation to pressure insurance companies to be willing to settle the case out of court, usually in some form of mediation or another alternative dispute-resolution procedure.