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Texas Wrongful Death Attorneys Discuss Settlements

      It is extremely difficult to place a monetary value on a wrongful death claim as there is no figure that can replace human life. This difficulty is further exacerbated by the understandable unwillingness for the survivors of the deceased to place a monetary value on their tremendous loss. 

      As such, it is left to the attorneys to attempt to skillfully assess a monetary sum so that we can do the best we can to allow our clients to move forward, while recognizing that nothing we do can bring back the loved one they are grieving.

Most Wrongful Death Cases Will End in Settlement

      The majority of wrongful death cases, just like the majority of personal injury cases as a whole, will end in settlement.  This is due to a variety of factors, but chief among them is the major positive that comes with settlement—a quicker, more cost effective verdict. 

      Settlement allows the parties to avoid the costs and prolonged litigation period that generally accompanies a trial.  Settlement further eliminates the element of surprise, offering a sure verdict that is agreed upon by both parties.

      On the other hand, settlement can come at some costs.  There is a chance that the plaintiff would have been awarded a larger sum at trial, dependent upon the verdict.  However, this comes with an equal chance that the plaintiff could have lost or received less at trial. 

      The decision to settle is one that must be made with great care and only with the assistance of a licensed wrongful death attorney experienced in such matters. Settlement negotiations are an art in and of themselves, and you will need an attorney with considerable skill in settlement negotiations.

Settlement Considerations

      In calculating a potential settlement figure, you should total all of your damages experienced due to the loss of your loved one.  Your economic damages, including funeral expenses, loss of income, and loss of benefits, should be a simple calculation.  Other figures are far harder to reach. 

      Wrongful death damages can include compensation for:

  • Loss of services, love, companionship, comfort, guidance, and other intangibles
  • Pain and suffering. 

      It is best to employ the services of an expert when reaching these complex figures as he or she will be capable of performing the multifaceted calculations necessary.

      Once a total is reached for the damages sustained, the settlement you seek will also depend upon the strength of the case. 

  • If liability is unclear or weak, you may be willing to settle for less than your full damage calculation. 
  • If liability is obvious and the case would likely succeed at trial, you may wish to hold out for a figure close to the optimal one decided upon. 

      You will also need to consider the presence of co-defendants and subtract their liability when reaching a settlement figure with a particular defendant. 

Zinda Law Group:  Experienced Representation that Achieves Exceptional Settlement Results

      Most wrongful death cases, just like most personal injury actions, will end in settlement.  Settlement offers several major advantages, including bypassing the expenses and time delays associated with trial.  The Texas Wrongful Death Attorneys at Zinda Law Group offer an experienced and skilled negotiation team that has achieved countless exceptional settlements.

      Our settlements will seek to include damages for emotional pain and suffering, loss of income, loss of inheritance, funeral and burial expenses, exemplary damages, and much.  Our firm understands the devastation that accompanies a wrongful death and will zealously fight for your best legal outcome. 

      Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation with one of our talented and knowledgeable wrongful death attorneys.