Pursuing a civil lawsuit for the wrongful death of a loved one can be a long and difficult road to navigate. Throughout the process, you may encounter several opportunities to resolve the case by agreeing to San Diego wrongful death settlements. These are complex legal agreements that directly affect your rights under a claim and the financial compensation recovered from the liable party. The review and counsel of a seasoned wrongful death attorney could be extremely beneficial before signing a settlement.
At CaseyGerry, our wrongful death lawyers could help you understand the terms of a settlement, discuss the risks of proceeding to trial, and provide other useful advice to make well-informed decisions on your case. With over 76 years of experience, our firm has a strong reputation in the legal community. We use that reputation to our advantage in negotiating favorable settlements on your behalf when you have been wrongfully harmed by the acts of another.
A settlement is a contract that parties to a wrongful death action can agree to as a method for resolving the case before it goes to trial. The estate or surviving family generally agrees to end the lawsuit against the party liable for causing the wrongful death of a loved one and releases them from all related claims. In exchange for this release, the liable party will provide financial compensation. Wrongful death settlements in San Diego generally come in one of two forms. One option is a lump-sum payment due immediately after signing. Alternatively, a settlement may be paid as an annuity that provides recurring payments over a certain period. The overall compensation in a lump-sum wrongful death settlement is often slightly less than an annuity settlement because of the cash a liable party must pay upfront.
The opportunity to negotiate and settle a wrongful death case can occur at several points throughout a case before it goes to trial and the jury issues a judgment. For example, a settlement may be possible before filing a wrongful death case or sometime after filing the lawsuit, such as after initial discovery phases. Some parties with exposure and liability for wrongful death may attempt to offer a settlement to grieving family members before they have a chance to hire counsel and fully consider their legal options. It is important to consider meeting with an attorney before signing a wrongful death settlement to ensure the compensation does not drastically deviate from the potential value of damages.
The opportunity to settle a San Diego wrongful death lawsuit will depend on the unique circumstances of a case, including the willingness of both parties to do so. Some key issues to consider that could impact the benefits or risks of agreeing to a settlement could include the following:
Wrongful death cases can be complex, with the potential for disagreement over a party’s fault and liability. In some cases, the defense may raise arguments about a deceased person’s possible role in the events that led to their death, which could limit compensation recovered at trial. This is an issue that our lawyers could help you address when evaluating your settlement options and the risks of going to trial.
Agreeing to San Diego wrongful death settlements is a big decision that can affect your family for years to come. Our aim is to give clients confidence in their choices by giving them the information and advice that matters most for their unique situation. Schedule a free consultation with CaseyGerry today.
