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14 Things to Consider When Deciding to Settle a Wrongful Death Case Out of Court (As Opposed to Going to Trial)

On Behalf of | Dec 8, 2018 | Wrongful Death

If you think about it, a wrongful death lawsuit is not something you want to be part of, but sometimes life has a different plan for us. If your family member died as a result of medical malpractice, defective or dangerous product, car accident, or any other accident or incident, and you think someone else’s negligent act or omission to act caused or contributed to that death, you are probably considering filing a wrongful death lawsuit or have already filed one.

As you may know, only a small percentage of wrongful death cases go to trial. “And there’s the reason for that,” says our California wrongful death lawyer at Licata & Yeremenko, A Professional Law Corporation.

Settling out of court is a more favorable option if:

  • You want to avoid publicity
  • You are looking for a quicker resolution
  • You want to significantly reduce the cost of litigation
  • You want to avoid the emotional stress and physical exhaustion that a wrongful death trial might bring to you and the rest of your family members
  • You want to put an end to all this sooner rather than later

“Yes, there are quite a few reasons to settle out of court rather than take your wrongful death case to trial,” says our wrongful death lawyer in California. But if you are still not sure what the best option is in your particular case, there are quite a few considerations to take into account:

  • The strength of your case (evidence available, whether the other party’s fault is clear or muddled, whether the defendant has any legitimate and strong counter-arguments and defenses, etc.)
  • The amount your wrongful death lawsuit is worth (this might require consulting with an experienced wrongful death attorney in California)
  • How long it will take to go to trial and how long it might take to reach a verdict
  • Whether there are any possible delays in getting to trial
  • An assessment of the chances of winning at trial
  • Whether there are any weak points in your evidence or the opposing party’s evidence
  • How publicity might affect you and the rest of the family
  • Whether you want the media to find out the details of your case or details of the deceased’s life, etc.
  • How going to trial might affect your own emotional, psychological, and physical health as well as the health of other plaintiffs
  • The number of attorney fees that will be required to win the wrongful death case at trial (and whether you can afford to lose it)
  • Whether there have been any similar cases in the past
  • The ability to achieve a favorable judgment
  • The defendant’s desire to settle out of court and how high he or she agrees to go to put an end to this
  • The maximum amount that the defendant would accept to settle out of court

As you can see, there are quite a few things to consider before deciding to settle a wrongful death case out of court. Do keep in mind that if you decide to settle out of court, you will also have to choose whether to settle through mediation or arbitration.

Let our California wrongful death attorney at Licata & Yeremenko, A Professional Law Corporation evaluate your particular case and help you decide which option is the best for your circumstances. Get a free case evaluation by calling our offices at 818-783-5757.