Losing a loved one in an unexpected way can have a ripple effect throughout an entire family. Relatives could suddenly find themselves without the counsel or companionship that they relied on. Others could suddenly face dire financial circumstances after the loss of the deceased person’s income.
When negligence results in your family member’s passing, you have the right to pursue legal action. Often, resolving these cases without the need for a trial is possible. Let a dedicated attorney answer your questions about New Braunfels wrongful death settlements.
It is impossible to predict with certainty how long a wrongful death settlement in New Braunfels will take. In fact, there is no guarantee an agreement will be reached at all. The parties might agree to terms in a matter of weeks, or it could take years before the case is finally resolved. When there is a dispute over liability, the odds of a quick resolution are low.
There are many reasons why reaching a settlement for a wrongful death action in New Braunfels is a good idea. Settling erases any uncertainty in the case. When a lawsuit is left in the hands of a jury, anything can happen. Even when it seems clear who was at fault, there is always the possibility of a bad result.
Delays are another thing to consider. When litigation is necessary, it can take years to resolve a case. When a case settles, it could wrap up in a matter of weeks or months.
Of course, there are also downsides to settling in some situations. The offer a plaintiff gets is typically less than what is possible to recover through litigation. While a better outcome might be possible through a trial, there is also the risk of walking away with nothing.
Every wrongful death action in New Braunfels is unique, with countless factors affecting what a settlement is worth. For someone to collect anything through one of these lawsuits, they must meet certain criteria under the law. This includes being the child, spouse, or parent of the deceased.
For the defendant or their insurance company to settle, there must be a strong case for compensation. This means evidence that the defendant’s negligence played a role in someone else’s death. Not only is this evidence important at trial, but it can determine if a case settles or not.
Ultimately, the defense has no reason to consider reaching a mutual agreement if there is no proof that negligence resulted in the person’s death. The stronger the case is, the more likely an offer will be made.
An experienced attorney could identify numerous pieces of evidence depending on the circumstances. This can start with a video of the incident. Witness statements, medical records, and expert testimony can also push a defendant into settling.
If you lost a loved one due to another’s careless or reckless actions, you could have a legal case against them. The right attorney can build a winning claim that may eventually result in a New Braunfels wrongful death settlement. Reach out as soon as possible to discuss your options during a private consultation.