Settling McKinney Wrongful Death Cases
Wrongful death actions tend to be more significant cases, and insurance companies typically delay the settlement process as long as they can. As a result, an inordinate percentage of wrongful death cases have to be filed and brought to litigation before they are settled.
Occasionally, when the potential funds are limited and the damages are severe, such as a wrongful death case, the insurance policy can be recovered without filing a lawsuit. Even in those situations, often a wrongful death lawyer must put together a strong damages case to help separate the insurance company from the money for the claim. Reach out to a compassionate attorney for help with settling McKinney wrongful death cases.
Costs and Benefits of Settling a Wrongful Death Case Out of Court
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.
Mediation in a Wrongful Death Case
Often in wrongful-death cases, there are numerous different mediations before a case is settled. In the largest cases, the first mediation is more posturing than anything else. The insurance company may try to probe and figure out whether the plaintiff is desperate if they were apt to settle for less money, and if the plaintiff is pushing for the full amount of all their damages.
In some cases, negotiation becomes intractable and may take several mediations. Sometimes even other alternative-dispute resolution procedures, such as a summary jury trial, are necessary to convince the parties that settling before court is in everyone’s best interests.
How a McKinney Lawyer Could Help with Settling Wrongful Death Cases
Only when the insurance company realizes that it faces a potentially much larger loss than their policy does it accede to a settlement out of court. Before that, an experienced attorney could apply consistent pressure by way of witness testimony, depositions, and other evidence, to push a defendant towards a settlement. When you are ready, consider reaching out to a lawyer to learn more about settling McKinney wrongful death cases.