Can a wrongful death settlement be challenged?

Yes, a wrongful death settlement can be challenged. In Washington, a wrongful death action can be brought by the personal representative of the deceased. The personal representative is appointed by the court to represent the interests of the deceased’s estate and family. If a settlement is reached between the estate and the defendant, the settlement must be approved by the court before it can go into effect. If someone challenges the settlement, they must provide evidence that the settlement was not fair and reasonable. The court may consider several factors when determining the fairness or reasonableness of a settlement. These factors include the strength of the evidence in the case, any potential defenses, liability issues, the cost of litigation, the compensation offered, and the likelihood of success. It is the responsibility of the personal representative to obtain a fair settlement for the deceased’s estate and family. If someone challenges the terms of the settlement, the court will review the evidence and make a decision as to whether or not to approve the settlement. If the settlement is approved, it is binding and cannot be overturned or modified.

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