If a loved one was killed due to the negligence of recklessness of another person or a company, then you may be entitled to file a wrongful death lawsuit. Only certain members of the deceased’s family can file this type of lawsuit, and there are a number of requirements that must be met. The easiest way to find out if your situation may warranty a wrongful death case is to reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
A settlement can happen any time
It’s common for an insurance company to make the relatives of a victim feel rushed, as though they’re going to miss their window for a settlement. The reality is that while there are limits on the amount of time you have to file a wrongful death case (in most cases, two years), you can get a settlement at any phase of the process. Following are four of the stages in which we’re most likely to see our clients get a settlement option.
You could receive a settlement before litigation begins
In some cases, an insurance company or individual will look at the facts of the case and decide to settle it before it moves forward to litigation. In many cases, this comes even before a Writ of Summons can be filed. Be sure that if you’re offered a settlement right away, you’re still working with a personal injury attorney. No matter what an insurance company may say, their only goal is to maximize the returns for their shareholders – which is done by minimizing the claims they pay out.
You could receive a settlement during litigation
The most common time that we see settlement offers during litigation is after the depositions are completed. Essentially, once the depositions are done, both our side and the other side will better understand the case, the evidence, and the witnesses. Once again, never accept a settlement offer without running it by an attorney first.
You could receive a settlement in the pre-trial phase
This is more rare, but it does happen. It’s almost always the result of a judge advising the other side to settle. This happens when you have an extremely strong case and the only real question is how much the award would be at trial.
You could receive a settlement at any point during the trail
It’s common for those who’ve never been through this type of case to assume that once the trail starts and evidence is presented, the time for a settlement is over. This is not always true. In fact, a settlement can be agreed upon after both sides have rested and the jury is deliberating the case.
As you can see, a settlement truly can come at any point during a case. When you work with Law Offices of Fernando D. Vargas, you can count on the fact that we are prepared to take your case as far as it needs to go for justice. Reach out to us today at 909-982-0707 for a free initial legal consultation.
