Do all wrongful death cases settle out of court?

No, not all wrongful death cases settle out of court. In New York, wrongful death is defined as any death caused by someone else’s negligence, carelessness, or recklessness. Many wrongful death cases are settled out of court through negotiations between the defendant and the deceased’s family. Settling out of court allows both parties to avoid the lengthy and expensive process of a trial. However, some cases are more complicated than others and require further investigation. This could include interviewing witnesses, obtaining medical records, and obtaining expert opinions, all of which add time and expense to the case. In some cases, the family may be offered a settlement amount that they are not satisfied with, and it makes more sense to go to trial instead of settling out of court. Throughout the process, the family of the deceased may work with a wrongful death lawyer who will investigate the case and advise them of the best course of action. The lawyer can help advise the family on whether to settle out of court or proceed to trial. Ultimately, it is up to the family to decide which course of action is best for them, but a skilled lawyer can help make the process easier.

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