Going to court is the last resort for wrongful death claims. Surviving family members have two out-of-court options to settle their wrongful death claim: mediation and arbitration.
Mediation describes the negotiation of terms outside of court with a professional mediator. They listen to both parties and offer recommendations on settling the case. Meanwhile, a judge listens to both sides in a series of meetings in an arbitration.
In binding arbitrations, a judge determines the best approach for the case. They may rule in favor of the defendant or the plaintiff. In some cases, there are non-binding arbitrations. It is where both parties may proceed to trial if they disagree with the judge's verdict.