Can wrongful death claims be settled without litigating in court?
Yes, wrongful death claims can be settled without litigating in court in New York. This is known as an out-of-court settlement, and it is often the quickest and most efficient way to resolve a case. Out-of-court settlements are negotiated between the parties and their attorneys, so both parties must agree to the terms of the settlement. In New York, wrongful death claims that are settled out of court are handled in a similar fashion to any other personal injury case. The plaintiff will present their case to the defendant, and the defendant will either agree to the settlement or reject it and negotiate further. Benefits of out-of-court settlement include the reduced legal costs associated with a court case and the certainty of knowing the final outcome of the case. Additionally, out-of-court settlements allow the plaintiff to keep the details of the case private. In certain cases, the parties may be able to negotiate a settlement without ever involving a third party. However, before settling a wrongful death case out of court, it is important to consider the severity of the losses suffered. Out-of-court settlements may not allow the plaintiff to receive all the damages they are entitled to. It is best to consult an experienced wrongful death attorney to discuss the potential gains and losses of a settlement before making a decision.
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