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Pursuing a civil lawsuit can be an immensely stressful process under any circumstances, especially if you are suing for losses stemming from a loved one’s unexpected and premature death. While you can pursue a wrongful death claim all the way through the civil court process, it is often beneficial for all parties to agree to an out-of-court settlement.
It is important to understand that getting fair terms for Westlake Village wrongful death settlements is far from simple, particularly if you try to negotiate with insurance representatives and defense counsel without legal representation on your side. If you want to get the best possible outcome from your settlement talks, you should strongly consider retaining a seasoned wrongful death attorney.
The primary upside of settling a wrongful death claim in Westlake Village is that the settlement process proceeds much more quickly and usually with much less expense than the civil court process. In addition, the ability to negotiate privately with the defendant(s) gives plaintiffs direct influence over the outcome of their claim, whereas leaving the case in a judge’s hands could lead to a less desirable outcome.
On the other hand, settlement talks are a purely voluntary process, so they will not work if all parties involved in the claim are not willing to discuss their desires openly and work together in good faith to reach an amicable compromise. It is also true that jury verdicts tend to be more valuable than private settlement offers, though getting some money through a settlement is preferable to getting no money at all after an unfavorable court verdict.
What constitutes a fair financial settlement in a wrongful death case in Westlake Village depends on the plaintiff’s specific damages, as well as the manner of death and lifetime earning potential lost. For example, someone killed in an auto accident at the age of 21 would have spent a lot more time in the workforce after that age than someone over 60 killed in the same wreck. So, a claim built around the former wrongful death would likely seek more compensation for lost future work earnings than the latter.
It is worth mentioning that “punitive damages”—in other words, damages meant to punish a defendant for egregious misconduct, rather than to reimburse the plaintiff for specific losses—typically do not factor into settlement talks, which can sometimes reduce the value of settlement offers compared to what might be awarded in court. A qualified attorney can discuss the best course of action for a particular situation during a confidential meeting.
Money alone cannot ever completely compensate for the loss created by the sudden absence of a loved one. However, negotiating a fair settlement with the person or people at fault for causing your loss may help to ease your burden in quantifiable ways and, as a result, protect your family’s future prospects.
Capable and compassionate lawyers are available to help with Westlake Village wrongful death settlements. Call today to discuss your options.
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