Attempting to recover damages following the tragic passing of a loved one is a hardship no one should have to experience. However, depending on the facts of the accident and the defendant themselves, they may be able to settle a case before it ever reaches trial. If the family does decide to settle, this could eliminate any emotional strain that is often experienced during trial. However, before settling a Charleston wrongful death claim, the family of the deceased should make sure they understand the facts of the case.
To learn more about the amount of compensation that may be owed following the unfortunate passing of a beloved family member, speak with an experienced attorney today. A lawyer could meet with you and your family and discuss what steps you should take in obtaining compensation owed to your loved one.
Factors to Consider Before Settling a Wrongful Death Claim in Charleston
When determining whether to settle a wrongful death claim, the family of the deceased should look at both the strengths and weaknesses of their case. In other words, they should analyze what the defendant did wrong and what amount of negligence, if any, was displayed by the victim. In the event that the deceased was more at fault or even more at fault than the defendant, the family consider settling.
However, if a settlement amount is not worthy of acceptance, the family has the right to deny the settlement and take the claim to trial. Be that as it may, the family must keep in mind that if they do take a case to trial, they risk not receiving anything from their claim. If a jury decided to award them with an amount that is far below than what they believe they are owed, they have no option than to accept the compensation award.
Cons of Settling a Wrongful Death Case
In some cases, settlements may not be the most attractive option. It is not uncommon for the defendant to offer an amount that is below what the plaintiff believes they are entitled. The defense may state that based on the economic future of the deceased, they are worth a certain amount lower than what the plaintiff is asking for. In such cases, the plaintiff may consider taking a case to trial if they believe they have a strong enough case to obtain the amount of compensation owed to them.
How Could an Attorney Help with Deciding to Settle a Wrongful Death Case?
An attorney’s role is to first develop all the evidence, and second, to apply that to the law. Once these duties have been fulfilled, an attorney is then responsible for helping the family understand the evidence, law, the ceiling of the case, and the lowest amount of compensation they should settle for based on the facts of the case.
Do not accept any settlement until you have spoken with an attorney at length about your case. A lawyer could provide you with the information and guidance necessary for making the right decision. To begin discussing the possibility of settling a wrongful death claim in Charleston, schedule a consultation today.