When someone you love has been killed because of negligence or wrongdoing, you may be able to bring a wrongful death claim to recover both economic and non-financial losses. California law entitles you to compensation if your loved one is killed by a third party, including a business, corporation, or even a government entity under certain circumstances. To obtain this compensation, there are certain legal steps you must take and certain things you need to prove.
To recover funds for wrongful death losses, you may need to file a Long Beach wrongful death case in civil court. The Law Office of Michael D. Waks can provide assistance with this court filing and with determining if you have standing to make a case.
While filing a lawsuit is often necessary, it is not always essential for you to resolve your case in court. In fact, many Long Beach wrongful death claims are resolved either before a lawsuit is filed or early on in the court process. Michael D. Waks is both a skilled negotiator and a skilled litigator who can provide representation if your case goes to court. Mr Waks can also provide invaluable assistance in resolving your case before a trial if you do not wish to go to court.
Resolving a Long Beach Wrongful Death Case Without Going to Court
It is possible to resolve a Long Beach wrongful death case without going to court if you can reach a negotiated settlement that is fair and that provides reasonable compensation for your losses.
In many cases, insurance companies are responsible for paying damages when someone causes your loved one to be killed. This may be a malpractice insurer, an auto insurer, a property insurer, or a business liability insurer. The insurance company, or the defendant, may want to avoid the uncertainty of a court case as well as the costs associated with defending a wrongful death lawsuit. As a result, the defendant or insurer may offer a settlement. A settlement can be offered or negotiated at any point in the process, including before a lawsuit is filed, after a suit is filed but before a jury has selected, during pre-trial motions, or at any phase of the wrongful death trial.
You do not have to accept a settlement offer that is made. A negotiated settlement is reached when you agree to accept the money offered by the defendant or the insurer and, in exchange, you sign a waiver releasing all future liability arising from the incident. There may also be other conditions that are a part of the settlement, such as an agreement that the accident and resulting payout will be kept confidential. All settlement terms will be negotiated and a legally binding contract will be created.
If a settlement is reached, your Long Beach wrongful death case does not have to go to court. In fact, you will no longer be able to sue, even if it later turns out that you suffered greater losses than you thought. The settlement agreement will be considered final and the opportunity to litigate the wrongful death case in civil court will be lost.
Insurers and defendants may try to pressure you to settle and you should not sign any paperwork or accept an offer until after speaking with an experienced Long Beach injury attorney. An attorney may be able to negotiate a more favorable settlement agreement and can advise you whether a settlement is reasonable based on both the extent of loss and the strength of your wrongful death claim.
The Law Office of Michael D. Waks has helped many clients to settle wrongful death cases for fair sums, as well as provided assistance litigating these cases to assist clients in receiving compensation awarded by a judge or jury.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.
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