Losing a loved one due to someone else’s negligence is devastating. On top of the emotional toll, families often face financial burdens, from medical expenses to lost income. If you’re considering a wrongful death claim, one of the biggest questions is whether to settle out of court or take the case to trial. Each path has advantages and challenges, and understanding the wrongful death suit process can help you make the best decision for your family members.

In this blog, we’ll explore what you need to know about wrongful death settlements vs. trials, including what to expect, the pros and cons of each, and how to determine the right approach for your case.

What is Wrongful Death?

Wrongful death occurs when a person loses their life due to the negligence, recklessness, or intentional actions of another party. These cases can arise from car accidents, medical malpractice, workplace hazards, defective products, or criminal acts. Unlike criminal charges, which seek to punish the responsible party, a wrongful death lawsuit is a civil action that allows the deceased’s family to pursue compensation for financial and emotional losses.

Wrongful Death Settlements: What to Expect

A wrongful death settlement is an agreement between the plaintiff (the surviving family members of the deceased) and the defendant (the responsible party or their insurance company) to resolve the case without going to trial. Settlements are the most common outcome in wrongful death cases because they provide a faster and more predictable resolution.

The Settlement Process

  • Investigation & Evidence Collection: Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build a strong case.
  • Demand Letter: Your attorney sends a demand letter to the responsible party’s insurance company, outlining the case, evidence, and requested compensation.
  • Negotiations: The defendant’s legal team or insurance company typically offers less than requested, leading to back-and-forth negotiations.
  • Settlement Agreement: If both parties agree on a fair compensation amount, they sign a settlement agreement, and the defendant pays the agreed-upon sum.
  • Case Closure: Once the settlement is finalized, the defendant can no longer be sued for this wrongful death claim.

Pros of Settling a Wrongful Death Case

  • Faster Resolution: Settlements typically take months instead of years, allowing families to move forward sooner.
  • Lower Legal Costs: Trials can be expensive, while settlements reduce legal fees and expert witness costs.
  • Less Emotional Stress: Avoiding a courtroom battle means fewer painful reminders of the loss.
  • Guaranteed Compensation: There’s no risk of a jury ruling in favor of the defendant and receiving nothing.

Cons of Settling a Wrongful Death Case

  • Lower Payout Potential: Settlements are often less than what could be awarded in a trial.
  • No Public Accountability: Defendants don’t admit fault, and no official verdict establishes liability.
  • Final & Binding: You can’t seek additional compensation once settled, even if new evidence emerges.

Wrongful Death Trials: What to Expect

A wrongful death trial happens when the parties cannot agree on a settlement, and the case is taken to court, where a judge or jury determines the outcome. Trials are more complex and time-consuming but can lead to higher compensation if the jury rules in your favor.

The Trial Process

  • Filing a Lawsuit: If negotiations fail, your attorney files a wrongful death lawsuit in court.
  • Discovery Phase: Both sides exchange evidence, take depositions, and conduct legal investigations.
  • Pre-Trial Motions & Mediation: Before trial, a judge may require mediation to try one last time for a settlement.
  • Court Trial: If mediation fails, the case goes to trial, where:
    • Your attorney presents evidence, witness testimonies, and expert analysis.
    • The defense argues its case, often trying to shift blame or minimize damages.
    • A judge or jury decides liability and the amount of damages.
  • Verdict & Compensation: If you win, the court awards damages, but the defendant can appeal, delaying payment.

Pros of Taking a Wrongful Death Case to Trial

  • Higher Potential Compensation: Juries may award more than what is offered in settlement negotiations.
  • Public Accountability: A trial holds the responsible party legally accountable, which can bring a sense of justice.
  • Punitive Damages: If the defendant’s actions were incredibly reckless, the jury may award extra damages as punishment.

Cons of Going to Trial

  • Takes Longer: Trials can take years, delaying compensation and closure.
  • Higher Legal Costs: Trials require court fees, expert witnesses, and extended legal work.
  • Uncertain Outcome: A jury could rule in favor of the defendant, resulting in no compensation at all.
  • Emotional Toll: Reliving the family member’s death in court can be draining and traumatic.

Which Option is Right for You?

The decision to settle or go to trial depends on several factors:

  • How strong is your case? If the evidence supports your claim, a trial might result in a more significant award.
  • How quickly do you need compensation? If financial strain is a concern, settling may provide faster relief.
  • Are you willing to take the risk? A trial could mean more compensation—but also the chance of losing.
  • How much emotional stress can you handle? Some families prefer to avoid court and lengthy proceedings.

Many wrongful death cases start with settlement negotiations and only go to trial if a fair agreement can’t be reached. Your attorney will help you weigh the pros and cons and determine the best course of action based on your case.

Trust Leffew Law Firm When You Need a Wrongful Death Lawyer in Charleston, SC

Losing a loved one is never easy, and navigating a wrongful death case can feel overwhelming. At Leffew Law Firm, we fight for maximum financial compensation and justice for grieving families. Whether through settlement negotiations or a courtroom trial, our wrongful death attorneys are committed to ensuring you receive the justice you deserve.

If you’ve lost a loved one due to someone else’s negligence, from medical malpractice to car accidents and workplace-related incidents, contact us today for a free consultation. Together, we’ll help you understand your options and guide you every step of the way.