The majority of wrongful death claims and lawsuits settle out of court. This is because, in many instances, insurance companies will not want to take the matter to trial since they know that the accident victim is no longer alive and available to testify. In any case, the process begins when the lawyer for the wrongful death claim pursues a claim with the at-fault person’s insurance company.
As part of the claims-filing process, the attorney will include copies of the deceased individual’s medical records and bills, photographs of their injuries, photographs of property damage, police reports, eyewitness statements and other pertinent information in a demand package. The insurance company adjuster who is handling the case will then review all of this information and might then make an offer to settle.
In most cases, an initial offer from the insurance company is not the final offer. Even if the offer seems attractive, be aware the insurance company will start low. You might think a $500,000 offer is quite generous, but the insurer likely knows you deserve more (depending on your losses).
In other words, additional money is almost always available. The lawyer can negotiate with the insurance company adjuster and get that additional compensation. If the insurance company refuses to offer more money to resolve the claim, then litigation might be an option.
To file a lawsuit, the decedent’s survivors will typically need to open an estate. The wrongful death lawyer will then file a lawsuit in the court system on behalf of the estate and against the at-fault individual or entity. The insurance company still holds the purse strings when it comes to resolving the claim.
During the litigation stage of the case, the parties may exchange answers to written questions, called interrogatories. In addition, the court might order the parties to participate in a pre-trial or settlement conference, at which time the matter can still resolve out of court. If the case does not resolve, the parties will need to take the case to trial, and a jury will decide the outcome.
The experienced Palm Desert wrongful death attorneys at Nadrich & Cohen can assist you with negotiating a settlement in your wrongful death claim, and if necessary, litigating the case in court. If the case goes to trial, our legal team will zealously advocate for you in court and work to get you the compensation and justice you deserve.