Going to Court in a Wrongful Death

Do you always have to go to court in a wrongful death lawsuit? 

Most wrongful death lawsuits do not go to court. When losing a loved one, there is a long list of work to be done including alerting family members and planning funeral services, finding vital documents, and settling the estate. Dealing with challenging legal processes comes last on your list of concerns after a loss. 

But if you find yourself in that situation, making a claim might result in a sizable payout. Although obtaining financial compensation won’t change what happened, it could safeguard your family’s financial stability. And chances are strong that you won’t need to show up in court to collect it.

Most wrongful death claims are resolved as long as there is sufficient evidence to support the case. As a result, bereaved relatives usually do not need to go before a judge or jury to seek justice on behalf of the deceased.

Both sides are more likely to work together in a strong wrongful death lawsuit. Both parties have a motivation to avoid the inconvenience and extra cost of going to court.

However, there are still some situations when the bereaved family is left with little alternative but to launch a formal lawsuit. Fortunately, as long as they retain counsel, they can concentrate on looking out for one another while their case is handled by an attorney.

going to court in a wrongful death lawsuit

Is it likely that my wrongful death case will go to court?

Since each claim is different and legal battles are unpredictable, it is impossible to forecast which cases will be resolved out of court and which will go to trial. However, there are a few factors that virtually always make it more difficult to come to an amicable conclusion. For instance, due to their increased complexity, claims involving any of the following are more likely to go to trial:

  • A major fault dispute
  • Problems regarding lost wages or other complicated damages
  • Cases involving a lack of evidence and several responsible parties

It’s good to obtain advice from an attorney since there’s always the possibility that you’ll have to file a lawsuit to pursue the compensation that your family deserves. 

Trials may be costly and drawn out. An attorney with expertise serving clients in wrongful death cases will have the necessary skills to litigate your claim thoroughly and correctly while also striving to get you the money you are entitled to in a reasonable length of time. You must select a wrongful death attorney qualified to represent your interests and safeguard your right to compensation in front of a judge and jury, should that become necessary. This is because every case has the potential to go to trial, and no one can tell until a case is resolved whether it will be tried or not. If you want to get the biggest settlement possible out of your case, it’s extremely crucial to have a competent, successful trial attorney. It is best to have an attorney with a strong trial reputation because the threat of losing at trial creates fear in the defendants. Your claim will likely have more value if the other side believes that the advocate on the other side can persuade a jury to get a large award. 

Wrongful Death Lawyer with Trial Experience

Our wrongful death lawyers provide free, no-obligation consultations to assist you to understand your choices, and we don’t charge until your case is satisfactorily resolved. Our firm is devoted to assisting families through this terrible time and getting the compensation that our clients need to cover medical costs, funeral fees, and any associated losses. Our wrongful death lawyer is board certified and has achieved superb results for his clients that total more than $100 million. Please call us at 1-800-883-9858 or contact us online if you suspect a family member’s death was caused by someone else’s misconduct.

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