Responding to a Wrongful Death Lawsuit
You probably have dozens of different questions if you’re filing a wrongful death lawsuit. You may want to go to court with your claim, but you have other choices. Recently, arbitration has become tremendously popular. The drawback of taking your claim to court is that it is often expensive and time consuming. The fact of the matter is you can’t know when a trial will be finished. People choose mediation because it is incredibly fast and efficient. This will be to the advantage of both the victim and the insurance provider.
Prior to filing your wrongful death claim, familiarize yourself with the rules about time limits. The exact details of your wrongful death claim will determine the amount of time that you have. More often than not, you will have less time to make a claim against a government employee. If the defendant is an employer though, you will have several years.
When you talk to your insurance company, they will usually offer you a certain amount of money to settle. Be aware that this is simply an opening offer. Agreeing to a contract often requires some amount of negotiation.
As you proceed to look at the wrongful death claim, take the time to think about fault. As you are no doubt aware, no two wrongful death claims are the same. More often than not, assigning fault is very straightforward. This means that your arguments will largely center on percentages. If your opponent was entirely at fault, the value of the settlement will increase significantly. When it comes down to it, though, the laws in your county will influence the validity of your claim.
You may want to start by looking into liability. Each state should be unique, but there are two primary strategies. These two disparate concepts are referred to as contributory negligence and comparative negligence. Once you understand these concepts, you will be prepared to advance with the wrongful death litigation. For the most part, contributory statutes are less forgiving than standard law. Under a comparative plan, you can receive restitution even though you were negligent in some way. After studying the relevant data, the judge will decide how the blame should be divided.
After your paperwork has been filed, you will need to negotiate. In an ideal scenario, the insurance agency will accept the original offer. When this occurs, your litigation is done. Reaching an agreement usually requires several rounds of negotiation. Once you’ve arrived at a conclusion, record it in the contract. Since you are the aggrieved party, you must also sign a waiver. This precludes you from filing claims at a later time.