Are wrongful death cases resolved through mediation or arbitration?

No, wrongful death cases are not usually resolved through mediation or arbitration. In New York, a wrongful death case is a civil lawsuit that is brought against the person or persons responsible for the death of another person. This type of suit is usually brought by the surviving family members of the deceased person. The purpose of the lawsuit is to hold the responsible parties accountable and financially compensate the surviving family members for their losses. In New York, wrongful death cases are typically resolved through a trial. In a wrongful death trial, the jury is asked to decide whether the liability of a defendant is more likely than not based on the evidence presented in court. If the jury finds in favor of the plaintiff, it generally awards the plaintiff some form of monetary damages. These damages can include compensation for medical bills, lost wages, loss of companionship, psychological trauma, and funeral and burial costs. The court has the discretion to order the defendant to pay punitive damages in addition to the compensatory damages if it finds the defendant acted with malicious negligence or deliberate intent. The court may also order the defendant to pay the plaintiff’s legal fees. In rare cases, a wrongful death case can be settled out of court through mediation or arbitration. In such cases, both parties agree to a settlement before the case goes to trial. However, since a wrongful death lawsuit is usually a very personal matter for the survivors of the deceased, they may choose to proceed to court instead.

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