Mediation is an effective tool to choose for an amicable resolution of a wrongful death case. This process helps to keep the process confidential and keep it out of the courtroom. It can help the parties reach a settlement that is fair to both sides. Some important concepts to understand about this process includes:

Different Evaluation Methods

In wrongful death mediation, there may be different numbers related to the settlement value of the case, such as:
• Gross value
• Net value
• Subrogated payments
• Costs
• Medical expenses
• Legal fees

It is important for a wrongful death plaintiff to understand how his or her settlement award will be applied. Medical providers may have liens for the expenses the decedent incurred immediately before passing away. The most important figure is the net amount since this is the amount that the wrongful death plaintiff walks away with after all other payments have been applied and all other costs are paid.

Challenges to the Damages Amount

In a wrongful death case, the plaintiff must show that the defendant’s negligence caused the decedent’s death. In mediation, the defendant or his or her insurance company may acknowledge fault, but he or she may try to challenge the amount of damages. Damages represent the money amounts that the defendant is responsible for. These may include medical expenses, burial expenses, lost earnings and lost services. Wrongful death plaintiffs may feel offended by these types of challenges because the decedent meant so much to them. However, this is part of the process and a way that the defendant will try to reduce the amount of the final settlement award. This award will likely be less than the plaintiff expected under the circumstances. However, it will be more than the plaintiff would receive if the jury found the defendant not at-fault.