It is imperative to know when settling a DC wrongful death case is the right move. There are countless benefits to settling a case that should be considered. Of course, it depends on the facts of your case and is something your wrongful death attorney should explain to you during your case. However, settling a wrongful death case in DC can save you time, trauma from such an emotionally charged issue, and money, as the cost of litigating a complex case is high. Of course, the cost is high for both parties, not just the plaintiff. Thus, we and the defense are incentivized to reach an amicable resolution through means other than litigation.
With our extensive 70 years of experience in personal injury law, we have encountered two primary reasons why a lawyer may struggle to settle a DC wrongful death case. The first is the issue of liability. For instance, the victim’s family and plaintiffs may claim that the defendant is responsible for the injuries that led to the loss of their loved one. However, the defendant may present a different account of events. In such cases, the defendant’s insurer often accepts liability if we can provide compelling evidence, realizing that it’s not worth litigating the matter in court. They then accept our version of events over their insured’s.
The second reason we may be unable to settle your case is if there is a sufficiently significant difference in our assessment of the value of a case versus the defendant’s insurance provider or the defendant himself. This is typically not an issue in smaller cases, such as a minor fender bender. However, for a case as substantial as a death case, it is possible to have a gap in valuing the case by hundreds of thousands of dollars.
After considering the cost of a lawyer and choosing one, you can begin the initial steps of settling a DC wrongful death case. Among the first steps in retaining an attorney is to gather evidence. Relevant evidence may include:
We must also consider the statute of limitations. While the statute is typically three years for a personal injury case, it is just two years for a wrongful death case. You must understand this if you are determining next steps. If you read something online and it tells you the statute of limitations allows you to wait around for two and a half years, that is not the case for a wrongful death claim. Many attorneys will not take a case even if the statute is three years.
Valuing your case is one of the first steps in settling a DC wrongful death case. Before we enter settlement negotiations, we determine what your case is worth in front of the jury we would be appearing in front of. For a Washington, D.C., wrongful death claim, the death must have occurred in DC per the statute. Thus, we must consider a pool of Washington, D.C., jurors. So, if we are suing a defendant who is beloved by the community, this may hurt our chances of recovering a meaningful amount. On the other hand, this can also work in our favor. For example, if you are a grieving mother who has just lost her child due to senseless reasons, the jury might value your case even more than it would otherwise look on paper.
The value of a wrongful death claim is determined by examining funeral and burial costs, loss of future income, loss of companionship, consortium, parental guidance and training, and punitive damages in some cases. As you might imagine, some of these damages are precise. For example, funeral and burial costs can be calculated to the penny. On the other hand, loss of future income does require speculation. For instance, if it is your child who passed away, determining how much income he would have generated is impossible. Even if it is an established adult in their 20s, there is no telling where their career would have gone. Courts will examine the parent’s income when evaluating your claim.
Even parts like loss of parental guidance, if you are a child of the decedent, can be challenging to calculate. This highly subjective matter requires exceptional legal representation to maximize the compensation you deserve for your loss.
The timeline of a wrongful death case must be considered when settling a DC wrongful death case. For example, if your family needs money immediately, you may opt to settle. Of course, while settling a wrongful death case is almost always far quicker than filing suit and going to trial, that does not mean it is fast. Negotiating a settlement may still take over a month. Or, if we schedule a mediation, that may not be scheduled for two or three months. But of course, even a few months of waiting is a faster option than waiting about a year to get into a DC court.
Additionally, when litigating a case, the costs go up, the legal fee increases and there is still no guarantee of a win the way there is if you settle a case. To be clear, there is never a guarantee that a case can be settled. Instead, we know that if we enter into a settlement agreement, the agreement is not appealable like a judgment. That is one tremendous advantage to settling a wrongful death case instead of filing a lawsuit.
We use several negotiation methods when settling a DC wrongful death case. The traditional method is to speak with the defendant’s insurance provider over the phone. These negotiations are drawn out and may take a few weeks. The time depends on how long it takes for the insurance provider to return our calls. Some adjusters are more responsive than others. We may also schedule a mediation. A mediation involves representation from both parties, a representative from the defendant or the defendant himself, you, and a mediator. A mediator is typically a retired judge and acts as a buffer between the two parties. They aim to coax each side into moving closer towards the middle and eventually landing on an agreeable amount.
Arbitration is a third standard resolution method, though less common than the former two. During arbitration, an arbitrator acts as a judge. While arbitration does not follow quite the same rules as a more formal trial, it is similar. Unfortunately, like mediation, arbitration can be ultimately fruitless. However, it still may be worth utilizing in specific scenarios. Consult with an experienced attorney to learn which method is suitable for you.
Your wrongful death lawyers will enter into a verbal agreement with the defendant’s insurance carrier. We then put this agreement in writing and have you sign it if you accept their offer. Once it is signed, you have agreed and likely have waived your right to sue in consideration of financial compensation.
If you are interested in settling a DC wrongful death case, contact our office today. Our leading wrongful death lawyers offer free consultations seven days a week. Call our office at (202) 331-7227.