If your family wishes to file a wrongful death claim in New Mexico to seek justice, accountability and fair financial compensation for the preventable loss of a loved one’s life, it’s important to be prepared for the legal processes that may be involved on your journey. A common type of out-of-court meeting used to reach a settlement is mediation.
What Is a Wrongful Death Settlement?
A wrongful death settlement means that a legal dispute has reached a conclusion and been resolved. The insurance company of the defendant has offered a sum of money to be released of any further liability for the fatal injury or illness, and the plaintiff has accepted.
Settlements are the most desirable way to resolve a wrongful death claim, as they cost less money and take less time than court trials. They also keep both parties in control of the outcome of the case – unlike a trial, where the final decision is made by a judge or jury.
Reaching a settlement in a New Mexico wrongful death claim may require multiple rounds of negotiations between the insurer and plaintiff. A settlement may also require mediation or arbitration (a more formal out-of-court meeting). If a settlement cannot be reached, the case may go to trial for a resolution instead.
What Is Wrongful Death Mediation?
Mediation is a form of “alternative dispute resolution,” or ADR, meaning it is an alternative to a full court trial. It is an informal meeting between the parties involved in a personal injury or wrongful death claim – the plaintiff and defendant – and a mediator, or a neutral third party. Attorneys working for either side may also be present.
During wrongful death mediation, the mediator will facilitate communication and settlement negotiations between both parties with the goal of helping them come to a mutually acceptable agreement. The mediator does not have the legal authority to make a binding decision on the outcome of the case at the conclusion of the meeting; it remains up to the disputants to reach a settlement or continue with negotiations.
The Benefits of Hiring a Lawyer for Wrongful Death Mediation
Wrongful death mediation can be highly emotional. The family members involved are grieving someone they cared deeply about. For this reason, it can be especially difficult for them to go through a legal process such as mediation.
Mediation requires a cool head, unemotional decision-making, strong legal strategies and the ability to negotiate with an insurance company. Families have the right to hire a wrongful death attorney for legal representation during mediation for better results and less stress. If the case ends up going through arbitration or a wrongful death trial, it’s even more important to protect yourself with a lawyer.
Help Is Available for Your New Mexico Wrongful Death Settlement or Mediation
Losing a loved one is an extreme hardship under any circumstances. If someone else is responsible for causing the death of your family member due to a negligent or wrongful act, however, it can be even more difficult to cope with the tragic loss of life. The right attorney can make sure you have everything you need to get through this tough time.
The wrongful death attorneys at Fine Law Firm are here to help you navigate mediation, arbitration, litigation, settlement negotiations and anything else your case may need. We can represent you and your family during wrongful death case settlement negotiations and alternative dispute resolution methods. If these fail, we are prepared to take your case to trial. Contact us today to start with a free consultation.