Whether to pursue Atlanta wrongful death settlements often depends on the strength of one’s claim. However, even the strongest case may proceed through litigation and to trial if the responsible party has significant insurance coverage. Speaking with an established wrongful death attorney could be beneficial when seeking the damages you deserve for the loss of your loved one. Contact a lawyer as soon as possible to begin discussing your case.
Reasons for Settling a Wrongful Death Case
The cases that may settle early, are often cases where liability and damages are clear and the individual or company responsible for the death has very little defense and limited or inadequate insurance coverage.
Cases where the responsible person or entity has significant liability coverage often must be litigated through the discovery process of gathering documents, exchanging written questions, taking sworn deposition testimony, and preparing the case for trial before the defendant or their insurance company will appropriately value the case.
The costs and benefits of Atlanta wrongful death settlements depend on the specific circumstances of the case and what the claimants are seeking. One benefit of litigating a case is attempting to get answers to the questions a family may have following a wrongful death.
How Settlements May Benefit Recovering Families
Better understanding what happened and why may help a family obtain a sense of closure and allow them to begin to heal from their loss. Litigation further allows a family to hold those responsible for the death of their loved one responsible and may help prevent future incident as the at-fault party must confront what happened.
Dealing with the Absence of a Written Will or Trust
The absence of a written will or trust does not create any significant hurdles for pursuing the estate claim of Atlanta wrongful death settlements. The court has several options as to who they may appoint as the administrator of an estate for an individual who dies without a will. It is usually a surviving relative, but the court can appoint a lawyer or someone within the jurisdiction of the lawsuit.
Potential Benefits of Settling a Case
The costs and benefits of Atlanta wrongful death settlements out of court relies on what insurance or economic resources are available for compensation. If the responsible party has inadequate or limited economic resources to pay the compensation, then litigating a case may not benefit the individual. An attorney must analyze whether an early settlement would be the best course of action in a wrongful death case once all the culpable or at-fault parties and their insurance companies are identified.
How Can Liability Potentially Impact a Wrongful Death Case?
However, it is important to be very careful and thorough in analyzing the potentially culpable parties before concluding that the avenues for recovery are limited. It may seem at first glance that one entity or individual was at fault, but upon further investigation and analysis there may be additional coverage and responsible entities, thus expanding the pool of contributions to fulfill a settlement. It is important at the outset of any case to identify all potentially culpable parties as well as all potentially applicable insurance policies.
Seeking Legal Assistance
Wrongful death cases are typically handled on a contingency fee basis, meaning attorneys only receive payment if they secure a recovery for the estate. An attorney will receive a percentage of that recovery. If they reach a settlement, the estate will also pay any costs of the case. A wrongful death case can be expensive to litigate, so it could be critical to discuss possible Atlanta wrongful death settlements with your lawyer.