If your loved one has lost their life to do the actions or negligence of another person or party, you may be able to file a wrongful death lawsuit against the other party. There are many things that you can sue for, including loss of income, loss of affection, loss of benefits, funeral expenses and any medical expenses incurred due to the injuries your loved one sustained. A personal injury lawyer can help you determine if you have a case and how much your case is worth based on many factors. They will often work with the party you are suing to settle, rather than taking your case to trial. But if you do not receive a settlement that you deem to be fair, you may be thinking about pushing and taking the case to trial. Learning the pros and cons can help you decide if this is something you with to do. Here are two of the pros and two of the cons of taking a wrongful death case to trial:
The Cons of Taking a Wrongful Death Case to Trial
- Trials Can Be Lengthy
One of the downsides to taking a case to trial is that you may have to wait for closure. After filing, you have to wait until the case is calendared for trial and until discovery is completed by both parties. From there, you have to wait until a courtroom is ready and a judge is available. In some cases, it can take years for a case to go to trial. If you want to close this chapter of your life, taking a settlement is faster.
- There is No Guaranteed Outcome
The other disadvantage of taking a wrongful death case to trial is that you are not guaranteed a good result. If you go to trial, you may lose the case or get less money than the settlement was. It is always a bit of a gamble going to trial.
The Pros of Taking a Wrongful Death Case to Trial
- You May Be Able to Get More Money
One of the benefits of taking a case to trial is that you may be able to get more money. Juries are often sympathetic to those who have lost a loved one, and the awards can be high in these types of cases if the jury feels the other party was negligent.
- Trials are Public Record
The other advantage of a wrongful death case is that the trial and verdict are public records. Settlements are not. If you want the other party to be held accountable, and you want anyone to be able to see that they were found to have had caused your loved one's death through their actions or negligence, a trial may be better for you.
If you are not happy with the settlement offer that was presented to you and the other party is unwilling to negotiate any higher, you have to decide whether to proceed to trial or accept their offer. Taking the time to learn why the pros and cons of both decisions will help you make the one that is right for you. A great personal injury attorney should also be able to explain to you the pros and cons, so you have all of the facts before you settle or decide to proceed with the case.