Filing a Wrongful Death Lawsuit Does NOT Mean You’re Going to Trial

11 Dec Filing a Wrongful Death Lawsuit Does NOT Mean You’re Going to Trial

Filing a wrongful death lawsuit comes with its challenges, with one of these being whether or not you should pursue the case to trial.

Many people who have gone through such a tragedy do not want a dragged out court case. Luckily, these cases almost never require an actual court trial.

Why Even File a Lawsuit?

If you have a family member who was killed as a result of someone’s negligence, it’s your right and responsibility to ensure that justice is served and your family is taken care of. Holding the liable party (or parties) responsible through a wrongful death claim can have many positive consequences. Not only can it compensate your family for the loss you’ve suffered, it may lead to better safety standards or the installation of laws which tighten regulations in order to stop similar occurrences from happening.

In addition, the compensation that you’ll get from winning a wrongful death lawsuit can go a long way in helping with the following

• Financial upkeep that may have been interrupted due to the death of a loved one who acted as the family’s breadwinner.
• Covering the medical, funeral, and cremation services expenses.
• Punitive damages against the wrongdoers.
• Pain, suffering and mental anguish.
• Loss of inheritance, loss of companionship, and/or loss of consortium due to an untimely death.

Why Do I Need an Attorney?

The truth is, about 97 percent of all wrongful death cases are settled without having to go to trial. That being said, it’s important to note that you cannot go through the process on your own and expect anything close to a fair settlement. The other party will have a team of lawyers ready to counter your accusations. Insurance companies are ruthless and will fight you tooth and nail if you do not have a lawyer. The law surrounding such cases is also very intricate and complicated; seeking out the services of an experienced wrongful death lawyer may really be your only chance at fair compensation.

Wrongful death lawyers will draft a lawsuit citing relevant case law, estimate current and future damages, and send out a formal demand letter to the negligent party’s lawyer which clearly lays out your intentions as a plaintiff. Doing this will help you have a better chance at a favorable negotiation process as well as a reasonable settlement.

You have to understand that you have no negotiating power over the insurance company. Without a lawyer, they are not afraid of you. Do not let your fear of lawyers’ fees convince you to handle this on your own. You only get one chance at a lawsuit, and you cannot afford to risk it. Even with attorneys’ fees, you’re potentially looking at a significantly larger settlement than you could ever get on your own.