Trial Attorney Blog
Losing a loved one is devastating. When that death stems from another’s negligence or misconduct, families face not only grief—but also pressing legal decisions.
As wrongful death lawyers, our duty goes beyond legal advocacy; we guide families through recovery, accountability, and closure.
A central choice often emerges: should you pursue a settlement or proceed to trial?This is a detailed examination from the viewpoint of a wrongful-death lawyer.
Understanding Settlements and Trials
Settlements, are agreements reached with the defendant—or more commonly, their insurer—before trial.
They provide guaranteed compensation without public courtroom exposure.
Trials, on the other hand, involve presenting evidence to a judge or jury who decide liability and damages.
This path can result in verdicts exceeding typical settlement values, especially when cases demonstrate gross negligence or intentional harm.
Both routes serve justice, but they differ in process, timeline, emotional toll, and potential recovery.
Why Many Families Choose Settlements
Quicker and more predictable outcomes. Plaintiffs obtain money more quickly and avoid legal delays, which can be crucial when dealing with funeral or medical expenses.
Lower emotional strain. Settlements protect parties from the stress of public testimony, repeated retellings of traumatic events, and cross-examination.
Privacy and control. Confidentiality clauses shield details from the public, while families retain control over timing, framing, and settlement use.
However, insurance companies often aim low. That’s where experienced lawyers come in—like us.
We aggressively negotiate, pushing insurers to acknowledge both economic (e.g., lost income, funeral costs) and non‑economic (e.g., pain and suffering, loss of companionship) losses.
Families benefit from our trial readiness, which conveys the subliminal message, “We’ll go to court if your offer isn’t fair.”
When Trials Are the Right Path
Trials can be right when:
- The defendant disputes liability or argues comparative fault.
- The emotional and intangible damages are significant but undervalued in negotiations.
- There is justification for punitive damages (e.g., gross negligence, punitive intent).
Trials allow juries to hear the full narrative—complete with expert testimony, reconstructed evidence, and emotional firsthand accounts.
This transparency can lead to higher compensation and public accountability—especially when holding corporate or institutional defendants responsible.
But trials are time- and resource-intensive. They can extend for years, increase legal costs, and prolong emotional distress. Financial awards, while potentially larger, remain uncertain.
As evidence of our conviction that a trial should be pursued when justice demands it, our firm has obtained multi-million dollar verdicts, including a $11.7 million judgment and a $5 million jury award.
Key Factors in Attorney Strategy
Case strength and evidence: Solid supporting proof—like accident reconstructions or medical expert analysis—is vital for both negotiations and trials.
Candidate for punitive damages: Cases of extreme negligence (e.g., gross medical errors, willful misconduct) may justify trial to seek not only compensation but deterrence.
Family priorities: Some families prefer closure and privacy, while others want accountability and public scrutiny. We tailor strategy to what matters most to each family.
Resources and readiness: Trial demands significant resources. Our firm offers trial-ready representation—expert witnesses, investigation, courtroom skill—while working on a contingency basis (no upfront fees).
Risks and Benefits Side-by-Side
| Consideration | Settlement | Trial |
| Time to resolve | Often months | Typically 1–3 years |
| Certainty of payout | Guaranteed, though potentially lower | Uncertain; jury may award more—or less |
| Emotional toll | Less public, more private | High stress from testimony and cross-examination |
| Privacy | Confidential | Public procedures and records |
| Potential value | Can cap expected recovery | Possible larger award including punitive damages |
How We Approach the Decision
We take a holistic approach:
Compassionate counsel: As emphasized in our firm’s ethos, we listen deeply to families, tailoring strategy based on their needs.
Unwavering advocacy: From day one, we aggressively investigate and negotiate—while preparing your case for trial.
Informed decisions: We explain all trade‑offs: financial, emotional, legal—and empower families to choose.
Choosing Wisely With Legal Counsel
Making the settlement-vs-trial decision should never be rushed. Key advice:
- Discuss settlement offers thoroughly—evaluate adequacy compared to expected trial outcome.
- Prioritize your well‑being—legal closure that doesn’t further trauma.
- Trust your attorney’s counsel—their insight comes from experience with similar tragedies.
Conclusion
There is no universal answer: settlements and trials each have strengths and drawbacks.
As wrongful-death attorneys, our mission is to guide families toward the path that best aligns with justice, healing, and their unique preferences.
Our firm brings decades-long trial success, compassionate client relationships, and the resources to pursue either path—with no upfront cost.
Whether you choose confidentiality through settlement or the public accountability of trial, our commitment remains: fight for full justice.
Please get in touch if your family has experienced such a loss.
We will assess your case, outline strategic options, and stand by you at every step—because wrongful death touches the heart, and justice demands both care and courage.