There are essentially two ways of resolving a wrongful death case. One method of resolution is settling the case out of court. At other times, the case may resolve via litigation in court.
Settlement negotiations occur when insurance companies and their adjusters receive and review various documents about the case, including the deceased individual’s medical records, medical bills, lost wage documents, police reports, witness statements, and property damage photographs. If an expert, such as an accident reconstructionist, drafts a report in the case, their report and testimony can be persuasive evidence in the case.
If the insurance company adjuster decides to accept fault for the accident, settlement negotiations can begin, and the adjuster might place a settlement offer on the table. In most cases, initial settlement offers in wrongful death claims are far below the actual value of the case. Insurance companies want to see if they can settle the case for as little money as possible.
However, the Monterey wrongful death attorneys at Silva Injury Law can negotiate with the insurance company adjuster on your behalf, several times if necessary, to try and negotiate favorable settlement compensation. Some insurance companies try to resolve wrongful death claims because they do not want the time, expense, or exposure associated with a jury trial. Instead, they prefer to settle these cases out of court.
If the insurance company refuses to offer adequate settlement compensation to resolve your case, we can file a wrongful death lawsuit on your behalf and litigate your case in the court system. Even after filing suit in your case, you may still settle with the insurance company.
However, if the case needs to go to trial, we can present evidence and call witnesses on your behalf in pursuit of a favorable monetary award from the jury. As an alternative to a jury trial, you can consider binding arbitration or some other type of alternative dispute resolution proceeding.