If you file a wrongful death lawsuit in California, there is a good chance that you will have the opportunity to negotiate a settlement. What makes a good settlement will vary from case to case, and an experienced lawyer can help you negotiate for the best settlement possible.
A settlement is “good” based on whether it adequately covers the plaintiff’s damages. Ideally, you should not be left with any out-of-pocket damages. Along with that, a good settlement should account for non-economic damages related to pain and suffering, especially in a wrongful death case where families may experience intense emotional distress. If you do not believe a settlement is good enough, your attorney can help you negotiate for a better one or take the case to a trial.
Call our California wrongful death attorneys at the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free case evaluation.
What is Considered a Good Wrongful Death Settlement in California?
A good settlement is hard to pin down, as it might look different for different people. Below are some important factors you should discuss with your attorney.
Does the Settlement Cover Your Monetary Damages?
First, you should consider the value of your overall damages and how much compensation you believe is adequate.
A good settlement should, at the very least, completely cover all your immediate costs after the passing of your loved one. If you have unpaid expenses after a settlement, the settlement is not a good one, and you should continue negotiations until all your monetary costs are covered.
Does the Settlement Account for Pain and Suffering?
Next, we should consider non- economic damages. These often revolve around pain, suffering, distress, and emotional anguish.
If you experience significant pain and suffering, it is important that these damages are paid in full.
Does the Settlement Account for Your Deceased Loved One’s Damages?
While wrongful death claims account for the damages surviving family members incur, they do not account for damages that the victim incurred leading up to their passing. You may file a survival action alongside your wrongful death claims to recover damages that your loved one could have claimed had they survived.
For example, if your loved one was injured in an accident, they likely received expensive emergency medical care and endured intense physical pain before succumbing to their injuries. These damages should be accounted for in your settlement.
How Do You Negotiate for the Largest Settlement Possible in a Wrongful Death Case?
Settlement negotiations can be tense, and you should not enter them alone. You need a lawyer who can fight for the largest settlement possible and assert your claims for fair compensation without backing down.
Have as Much Evidence as Possible
First, we should have as much evidence as possible before we enter settlement negotiations. The stronger our evidence is, the more likely it is that you will win your lawsuit, and the more likely it is that the defendant will offer a good settlement to avoid losing a trial.
Devise Effective Negotiation Tactics
Negotiation is a delicate process, and we must be ready with effective negotiation strategies. If we have powerful evidence and are likely to win a trial, it might be a good idea to lay all our cards on the table and push for a quick, substantial settlement.
If we believe the defendant may need more convincing, we can explain your claims and evidence more strategically, building up your case as settlement talks proceed.
Strategic Compromise
When negotiating a good settlement, defendants often want plaintiffs to concede certain damages. While giving up some damages to ensure others is not uncommon, we must be firm on which damages are non-negotiable.
Things like large medical bills or the cost of extensive property damage may be impossible to pay on your own, and we must make it clear that these damages are not negotiable and will not be conceded under any circumstances.
FAQs About Wrongful Death Settlements in California
What is a Good Wrongful Death Settlement Worth in California?
The value of a wrongful death settlement depends on the specific circumstances in each case. Since wrongful death cases involve the loss of life, courts and juries are often more willing to award much more serious damages.
Many wrongful death cases exceed six figures.
How Do You Get the Best Wrongful Death Settlement Possible?
To get the best possible wrongful death settlement, you and your lawyer must be prepared to negotiate strategically. We may lean into certain elements of the case to add pressure to the defendant to settle. For example, if the defendant is concerned about their public image, we might express willingness to keep the settlement terms confidential if the defendant agrees to pay more.
What if the Defendant Refuses to Offer a Good Settlement?
If the defendant refuses to budge during negotiations, you should discuss taking the case to court. If the defendant changes their mind later, perhaps after realizing they will probably lose in court, you may accept a new settlement offer at any time before the jury renders a verdict.
How Long Do Settlement Negotiations Take in California Wrongful Death Cases?
Settlement negotiations may vary in length. Some move incredibly fast, usually when both parties are eager to avoid a trial, and may be resolved in a few weeks or even days. Other times, settlements can take months to complete, especially when the facts of the case are complex, and evidence is still being discovered.
Do I Have to Accept a Settlement in a Wrongful Death Case?
No. Settlements are common but not mandatory.
You may reject a settlement, even if it adequately covers your damages, if you feel that justice would be better served in the courtroom. Many plaintiffs reject settlements because defendants are wealthy, and a settlement might feel more like a fine than justice in open court for the death of a loved one.
Ask Our California Wrongful Death Attorneys for Legal Support Now
Call our California wrongful death attorneys at the Law Office of John J. Perlstein at (213) 252-1070 and ask for a free, private case evaluation.