The loss of a loved one due to someone else’s negligence or intentional actions is a devastating event that can leave families with profound emotional and financial repercussions. In such tragic situations, wrongful death claims offer a path to justice and compensation. 

However, pursuing justice can take different forms, primarily through wrongful death settlements or trials. Each approach has its advantages and disadvantages, and families must carefully consider their unique circumstances when deciding which path is right for them. 

In this article, we will delve into the intricacies of wrongful death settlements and trials, helping families understand the key differences and make informed decisions during such challenging times.

Understanding Wrongful Death Claims

Before delving into the specifics of settlements and trials, it’s crucial to understand the basics of wrongful death claims. A wrongful death claim arises when a person’s death is caused by another party’s negligence, recklessness, or intentional actions. The claim allows the surviving family members or beneficiaries to seek compensation for their losses, which may include medical expenses, funeral costs, lost wages, loss of companionship, and emotional pain and suffering.

Wrongful Death Settlements: An Overview

Definition and Process

A wrongful death settlement is a resolution reached outside of the court system, typically through negotiations between the involved parties. In this scenario, the responsible party (defendant) or their insurance company agrees to compensate the surviving family members (plaintiffs) for their losses. The negotiation process often involves legal representation from both sides and aims to reach a fair and mutually acceptable settlement amount.


  • Time and Cost-Efficient: Wrongful death settlements generally conclude faster and at a lower cost compared to going to trial. Avoiding a lengthy court battle can help ease the emotional burden on grieving families. Trials can take several months or even years to reach a verdict, while settlements can be resolved in a matter of weeks or months.
  • Predictable Outcomes: Settlements offer a level of predictability in terms of compensation. Families know what amount they will receive, eliminating uncertainties associated with trial verdicts. In a trial, the final decision rests with the judge or jury, making the outcome less certain.
  • Confidentiality: Settlement negotiations and agreements are typically private, protecting families from unwanted public attention and preserving their privacy during a challenging time. In contrast, trial proceedings are usually open to the public, and sensitive details of the case may become widely known.


  • Potential for Lower Compensation: One of the main disadvantages of settling a wrongful death claim is the possibility of receiving lower compensation compared to what could be awarded in a successful trial. Insurance companies may offer lower settlement amounts to save costs, especially if they believe the case might not be as strong in court.
  • Limited Legal Recourse: Once a settlement is accepted and the required release is signed, families usually waive their right to pursue further legal action related to the incident. This means that even if new evidence comes to light after the settlement, they may not be able to seek additional compensation.

Wrongful Death Trials: An Overview

Definition and Process

A wrongful death trial involves resolving the claim through the court system. The case goes to trial when the involved parties cannot reach a settlement through negotiations or when one party disputes liability or the amount of compensation owed. During the trial, evidence is presented, witnesses testify, and a judge or jury determines the outcome.


  • Potential for Higher Compensation: One significant advantage of going to trial is the possibility of receiving higher compensation. In some cases, the judge or jury may award damages beyond what the defendant was willing to settle for. This could be particularly relevant in cases where the responsible party is unwilling to offer a fair settlement.
  • Legal Resolution of Disputes: Trials provide a formal process to establish liability and hold the responsible party accountable in a public setting. The transparency of the court proceedings ensures that the facts of the case are thoroughly examined and justice is served in an open forum.
  • Right to Appeal: If dissatisfied with the trial’s outcome, families may have the option to appeal the decision, seeking a fairer resolution. The appeal process allows for a higher court to review the case and assess whether any errors were made during the initial trial.


  • Lengthy Process: Wrongful death trials can be time-consuming, often taking months or even years to conclude. This prolonged legal process can cause additional stress and emotional strain on the family, delaying closure and healing.
  • Increased Costs: Trials involve higher legal fees and expenses compared to settlements, as court proceedings demand more resources. Families must be prepared for the financial burden of a trial, which can be especially challenging if they are already facing economic hardship due to the loss of the deceased’s financial support.
  • Emotional Toll: The trial process can be emotionally taxing for the family, as it may require reliving distressing events and facing opposition from the defendant’s legal team. Testifying in court and confronting the responsible party can be emotionally draining, making the grieving process more challenging.

The Role of a Wrongful Death Lawyer

Importance of Legal Representation

When facing the complexities of a wrongful death claim, the expertise of a wrongful death lawyer can make a significant difference in the outcome of the case. Wrongful death attorneys are legal professionals who specialize in handling these types of claims and have the necessary experience and knowledge to navigate the intricacies of the legal process. Having a skilled lawyer by their side can provide families with invaluable support and guidance during this challenging time.

Investigating the Case

One of the crucial roles of a wrongful death lawyer is to conduct a thorough investigation into the circumstances surrounding the death. This includes gathering evidence, interviewing witnesses, reviewing medical records, and analyzing the accident scene if applicable. A skilled lawyer will leave no stone unturned to build a strong case that establishes liability and demonstrates the extent of the damages suffered by the surviving family members.

Assessing the Damages

Quantifying the losses incurred by the surviving family members is a complex task. Wrongful death lawyers have the expertise to assess economic and non-economic damages accurately. Economic damages may include medical expenses, funeral costs, lost wages, and other financial losses resulting from the death. Non-economic damages encompass emotional pain and suffering, loss of companionship, and the impact of the deceased’s absence on the family’s quality of life.

Negotiating with Insurance Companies

In settlement cases, the wrongful death lawyer plays a crucial role in negotiating with the defendant’s insurance company. Insurance companies are profit-driven entities and may try to offer lower settlements to protect their bottom line. A skilled attorney will advocate for the family’s rights and ensure that they receive a fair and just settlement that adequately compensates them for their losses.

Preparing for Trial

When a settlement cannot be reached, a wrongful death lawyer will guide the family through the trial preparation process. This involves compiling and organizing evidence, identifying and preparing witnesses, and crafting a persuasive legal strategy. A seasoned lawyer will ensure that the family is well-prepared to present their case in court and effectively advocate for their rights before a judge and jury.

Providing Emotional Support

Beyond legal expertise, a wrongful death lawyer understands the emotional toll that the loss of a loved one takes on a family. They will provide compassionate support and a listening ear throughout the legal process. By handling the legal complexities, the lawyer allows the family to focus on their emotional healing and well-being.

Factors Influencing the Decision

When considering whether to pursue a wrongful death settlement or trial, families should carefully weigh several factors, including:

  • Strength of the Case: Assess the evidence available and the likelihood of a successful trial outcome. If the case is strong, a trial may be a viable option to pursue maximum compensation. On the other hand, if the evidence is weak or uncertain, a settlement might offer a more guaranteed resolution.
  • Emotional Considerations: Consider the emotional toll of a trial on the family, as some may prefer a quicker resolution through settlement to avoid prolonged stress. Grieving families should consult with mental health professionals and their legal counsel to assess their emotional readiness for a trial.
  • Financial Needs: Evaluate the immediate financial needs of the family. Settlements can provide quicker access to funds, which may be crucial for covering medical bills, funeral expenses, and daily living costs. If financial stability is a pressing concern, a settlement may be the more practical choice.
  • Potential for Negotiation: Determine whether the responsible party is willing to negotiate in good faith. If the defendant is unwilling to offer a fair settlement or denies liability altogether, pursuing a trial may be the only way to seek justice and compensation.


Deciding between a wrongful death settlement or trial is an intensely personal choice that depends on various factors unique to each family’s circumstances. Settlements offer efficiency, predictability, and privacy, but trials may yield higher compensation and legal resolution in a public setting. 

Ultimately, the right choice will depend on the family’s priorities, emotional readiness, financial needs, and their pursuit of justice for their deceased loved one. While no amount of compensation can fill the void left by the loss of a loved one, a fair settlement or a just verdict can provide some sense of closure and financial support during this difficult time.

Families must consult with experienced wrongful death attorneys, like Swartz & Swartz, to thoroughly understand their options and make an informed decision that best serves their interests and honors the memory of their loved one. With a team of highly skilled and compassionate attorneys, Swartz & Swartz has successfully represented countless clients in complex wrongful death lawsuits, earning them a track record of substantial settlements and verdicts. For more information, get in touch with our team now!

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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