When a loved one dies due to someone else’s negligence or wrongdoing, the family can file a wrongful death claim with the help of a personal injury attorney. The biggest decision in these types of cases is deciding whether to settle the claim out of court or take it to trial. Attorneys can provide guidance, but the decision is ultimately up to the surviving family members. Here are the pros and cons of each option.
The advantages of settling out of court
Here are some common reasons why it can be better to settle:
- Faster Resolution: Settling a wrongful death claim out of court is usually quicker than going to trial. This means the family can receive compensation sooner and avoid a lengthy legal process.
- Less Stress: Settling out of court can be less emotionally draining for the family. Trials can be stressful and require the family to relive painful memories.
- Confidentiality: Settlements are usually private, meaning the case details and the settlement amount are not made public.
Cons of settling out of court
Settling out of court can have its disadvantages. A major one is the potential for lower compensation, as settlements might result in less money than what a jury could award. The responsible party may offer a lower amount to avoid the risks and costs of a trial. Additionally, in many settlements, the responsible party does not admit wrongdoing, which can leave the family feeling like justice was not served.
The advantages of going to court
If the other side does not offer a fair settlement, going to court has its advantages:
- Higher compensation: Trials can result in larger awards because a jury may be more sympathetic to the family’s loss and suffering.
- Public accountability: A trial can hold the responsible party publicly accountable for their actions. It can also provide a sense of justice and closure for the family.
- Precedent-setting: A court verdict can set a legal precedent, potentially helping other families in similar situations in the future.
The problems with going to court
Trials can take months or even years to conclude. This wait can delay the family’s ability to move forward and receive compensation. Going to trial can be expensive due to legal fees, expert witnesses and court costs. If the family loses the case, they may also have to pay the defendant’s legal fees. Trials can also be emotionally exhausting for the family, as they may have to testify and relive the traumatic event. There is also no guarantee of winning the case at trial. The outcome is unpredictable, and the family could end up without compensation.
Attorneys offer insight
Attorneys work on contingency, which means they get paid if they win the case. So they will only take on cases they think they can win. They will also provide guidance on settlement vs. court based on the case details, the judge and the strategy the other side uses. They will determine the best course of action for your specific situation.