Following the loss of a loved one due to wrongful death, many families become determined to seek justice, but this type of justice can come in many different forms. When faced with the prospect of pursuing a wrongful death claim, families often find themselves at a crossroads: should they pursue a settlement or opt for a trial? In this article, we’ll explore the considerations involved in deciding between a wrongful death settlement and a trial, helping families make informed decisions during an emotionally challenging time.
The Complexity Of Wrongful Death Cases:
Wrongful death cases can be rather complex and this complexity can play a role in your decision. Deciding between a settlement and a trial requires a careful evaluation of various factors to determine the most appropriate course of action. Both options have their merits and drawbacks, and understanding these is crucial in making an informed decision. Settling a wrongful death claim out of court can offer several advantages, providing a more expedient resolution and avoiding the emotional toll of a trial. Here are some key considerations:
- Timely Resolution: A settlement generally takes less longer than a trial does. Families may receive compensation faster, allowing them to address immediate financial needs, such as funeral expenses and ongoing bills.
- Privacy and Emotional Relief: Trials can be emotionally draining for grieving families, involving detailed examinations of the circumstances surrounding the wrongful death. A settlement, being a private agreement, can spare families the emotional strain associated with a public courtroom proceeding.
- Certainty of Outcome: In a trial, the outcome is uncertain, as it is determined by the judge or jury. A settlement, on the other hand, provides a level of certainty, allowing families to have more control over the compensation they will receive.
The Considerations For Going To Trial:
While settlements offer certain advantages, opting for a trial may be the more appropriate choice in some situations. When contemplating going to trial, here are some considerations:
- Seeking Accountability: Trials mean you can better hold the negligent party responsible for their actions. This pursuit of justice can have a significant impact not only on the grieving family but also on promoting accountability within the community.
- Potentially Higher Compensation: While settlements offer quicker resolution, trials may result in higher compensation, especially if the court determines that punitive damages are warranted. This can be a crucial factor, especially when you consider if your family has any immediate financial needs.
- Setting Legal Precedent: Trials have the potential to set legal precedents, influencing how similar cases are handled in the future. This can be a motivating factor for families seeking systemic change or wanting to prevent similar incidents from occurring.
Consulting With Legal Counsel:
When navigating complicated legal difficulties, it’s often recommended to have a wrongful death lawyer on your side. Legal professionals specializing in wrongful death cases can provide invaluable guidance in weighing the options of settlement versus trial. They can assess the specifics of the case, explain the potential outcomes of each option, and help families make informed decisions aligned with their goals.
Deciding between a wrongful death settlement and a trial is a deeply personal and complex choice for grieving families. Each option carries its own set of considerations, and there is no one-size-fits-all answer. It’s crucial for families to consult with legal professionals who can offer compassionate guidance, explain the pros and cons of each option, and help them navigate the path that aligns with their objectives. Our friends at Norris Injury Law agree that it’s vital to weigh both options before making a decision.