When it comes to a wrongful death claim, how well do you know the process? Some cases never reach trial, whereas others have to go to court. Even if you hope that you won’t have to go to court, you should always have a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, at your side during negotiations. Likewise, you should choose a lawyer who knows how to handle a trial if you have to go.
How to Handle Negotiations
Most wrongful death claims settle out of court. This is true for many lawsuits. In many cases, you would be in negotiations with an insurance company. The at-fault person’s insurance company will do everything that it can to pay as little as possible. It is up to your lawyer to help you calculate a fair settlement. Sometimes, you may go back and forth several times through negotiations. If you cannot agree on a settlement, then you will have to take the case to trial. Remember to speak with your lawyer during the process. You need to be careful because anything you say could be used against you by the insurance company.
How to Handle Court
On the chance that you do have to attend court, you do not have to face a judge, jury, or the defendant on your own. Most people do not have the skills or experience to litigate their claims. In fact, without an attorney, people are more prone to accept settlements far below what they deserve or what they could have negotiated. If you are worried about a trial, you should rely heavily on your wrongful death attorney.
Hire an Attorney
These cases take time and cost money. Someone with experience can help you to navigate the process. You have to do very little other than listen to your attorney and do as he or she tells you to do throughout the duration. Even if you never planned to go to court, you should always keep in mind that it is a possibility. If your lawyer is willing to bring it to trial, then this means that he or she feels as though you have a strong case. Keep in mind that most wrongful death lawyers work for a contingency fee. They do not receive payment unless you win.
In order to handle the wrongful death claim process, you should consult with a wrongful death lawyer. He or she can help you to understand the process and inform you on whether he or she sees the case going to trial or if you will be able to settle out of court.
Thanks to David & Philpot, PL for their insight into the wrongful death claim process.