The process of recovering financial compensation for the untimely death of a loved one requires estate executors and administrators to make tough decisions, one of which is whether to accept a settlement offer or proceed to litigation. The choice is not always clear. Waiting too long can jeopardize the settlement and limit the amount of time left to file a lawsuit, but accepting a settlement is not something that should be done without careful consideration.
The attorneys at D’Amico & Pettinicchi, LLC, have been representing clients in complex wrongful death cases for over 100 combined years. We help clients make informed decisions and advocate for them in some of their darkest times.
Accepting a settlement may be best when the other party makes a fair offer that you believe to be in the best interests of the deceased’s estate. There is no universal point at which accepting a settlement is right for everyone. This is something that your wrongful death attorney can discuss with you, but a fair outcome will most likely include considerations regarding economic and non-economic damages, including:
Other factors to consider when weighing the advantages and disadvantages of accepting an offer versus pursuing litigation may include a valuation of damages associated with the surviving spouse’s loss of consortium and the pain and suffering endured by the deceased prior to death as a result of the at-fault party’s actions.
The exact settlement process will vary depending on which type of accident led to the wrongful death. Medical malpractice, pedestrian accidents, commercial truck accidents, premises liability, and nursing home abuse can all cause fatal injuries that would make a wrongful death claim necessary. Discussing your case with an attorney is the best way to get personalized and accurate answers to your questions.
Even though each case is unique, there are some aspects of wrongful death settlements that are present in most situations. These include the following:
It is highly recommended that you do not participate in settlement negotiations without an attorney. The at-fault party does not have the same goals or priorities as you. They want to pay you as little as possible, and you want justice and a fair settlement for the loss of your loved one. Chances are high that the first offer they make will be much lower than the value of the claim, and having a wrongful death attorney by your side ensures that strategic negotiations can take place.
Our legal team is a trusted source of guidance, support, and advocacy for grieving families, estate executors, and appointed administrators throughout Connecticut. Schedule a free in-person or virtual consultation today to discuss your wrongful death settlement.
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