Losing a loved one due to someone else’s negligence is a tragic and devastating experience, and many families seek justice through a wrongful death claim. In Washington State, families of the deceased have two primary legal pathways to pursue compensation for their loss: settling the case outside of court or taking the case to trial for a jury verdict.
Each approach has its benefits and potential drawbacks, and understanding the differences between wrongful death settlements and jury verdicts in wrongful death cases can help families make informed decisions during a difficult time.
This article will explore the differences between settlements and trial outcomes, the pros and cons of each option, and what families can expect when pursuing wrongful death compensation.
What is a Wrongful Death Settlement?
A wrongful death settlement occurs when both parties, the plaintiff (the family of the deceased) and the defendant (the person or entity responsible for the death), agree to resolve the case outside of court. This is typically done through negotiations, often mediated by attorneys or through alternative dispute resolution methods like mediation.
Settlements allow both parties to avoid a trial, which can be a lengthy and expensive process. Once a settlement is reached, the plaintiff receives an agreed-upon amount of compensation in exchange for dropping the lawsuit and releasing the defendant from further liability related to the death.
What is a Jury Verdict in a Wrongful Death Case?
A jury verdict in a wrongful death case occurs when the case proceeds to trial, and a jury is responsible for determining whether the defendant is liable for the death and, if so, how much compensation should be awarded to the plaintiff. During the trial, both sides present evidence and arguments, and the jury makes a decision based on the facts and the law.
If the jury finds the defendant liable, they will decide on the amount of damages to be awarded, which could include compensation for medical expenses, lost wages, funeral costs, pain and suffering, and more. The outcome of a trial is typically uncertain, and either party has the option to appeal the jury’s decision, potentially prolonging the resolution of the case.
Settlement vs. Trial: Key Differences
When pursuing wrongful death compensation, families must decide whether to settle the case out of court or proceed to trial. Each approach has advantages and disadvantages, and the right choice depends on the unique circumstances of the case. Here are some key differences between settling and going to trial:
1. Control Over the Outcome
In a wrongful death settlement, both parties have more control over the outcome. Settlements are the result of negotiations, meaning the plaintiff and defendant can agree on the terms and compensation amount, which may lead to a quicker resolution. Settlements also offer a level of certainty, as the plaintiff knows exactly how much compensation they will receive.
In contrast, when a wrongful death case goes to trial, the outcome is in the hands of the jury. Jury verdicts in wrongful death cases can be unpredictable, as the jury’s decision may not align with the expectations of either party. Additionally, the compensation awarded by a jury could be higher or lower than what might have been agreed upon in a settlement.
2. Time and Cost
Settlements typically resolve cases faster than trials. Negotiating a wrongful death settlement can take weeks or months, but this is often much quicker than the time it takes to bring a case to trial, which can take years. Trials also involve more legal fees, court costs, and expert witness fees, which can significantly increase the overall cost of pursuing a wrongful death claim.
However, if the defendant offers an unsatisfactory settlement, it may be worth taking the case to trial to pursue a higher amount of compensation. Families must weigh the potential benefits of a jury award against the time, stress, and cost of going to trial.
3. Privacy and Publicity
One of the benefits of settling a wrongful death claim is the privacy it offers. Settlement vs. trial outcomes differ in that settlements are usually confidential, meaning the details of the agreement and compensation are not made public. This can be important for families who wish to keep the details of their loved one’s death and the resolution of the case private.
On the other hand, trials are public. This means that the details of the case, including the evidence presented and the jury’s verdict, are part of the public record. For some families, this transparency may be a positive factor, as it holds the defendant accountable in a public forum. However, for others, the public nature of a trial may add stress and discomfort.
Pros and Cons of Settlements in Wrongful Death Cases
Pros to Wrongful Death Settlements in Washington:
- Faster Resolution: Settlements typically resolve more quickly than trials.
- Lower Costs: Settling a case reduces legal fees, court costs, and other expenses associated with a trial.
- Certainty: Settlements offer a known compensation amount, avoiding the unpredictability of a jury verdict.
- Privacy: Settlements are usually confidential, keeping the details of the agreement private.
Cons to Wrongful Death Settlements in Washington:
- Potentially Lower Compensation: In some cases, a settlement may result in lower compensation than what could be awarded at trial.
- No Admission of Guilt: Settlements typically do not require the defendant to admit fault or liability, which may be unsatisfactory for some families seeking accountability.
Pros and Cons of Jury Verdicts in Wrongful Death Cases
Pros to Wrongful Death Jury Verdicts in Washington:
- Potentially Higher Compensation: Juries may award higher amounts than what was offered in a settlement, particularly if the evidence strongly supports the plaintiff’s case.
- Public Accountability: A trial holds the defendant publicly accountable for their actions, which can provide a sense of justice and closure for the family.
Cons to Wrongful Death Jury Verdicts in Washington:
- Uncertainty: Jury verdicts are unpredictable, and there is no guarantee that the outcome will be favorable to the plaintiff.
- Longer Process: Trials take longer to resolve than settlements, often lasting several years.
- Higher Costs: Trials involve more legal expenses, court fees, and expert witness costs.
Which Option is Best for Your Case?
The decision to settle or go to trial in a wrongful death case is deeply personal and depends on the circumstances of the case and the family’s goals.
It’s essential to work with an experienced wrongful death attorney who can help you weigh your options and guide you through the process. Legal professionals can provide insights into the strength of your case, the likelihood of a favorable settlement, and what to expect if the case goes to trial.
Ron Meyers and Associates: Pursuing Justice in Wrongful Death Cases
In Washington, families dealing with the loss of a loved one due to negligence have the right to pursue wrongful death compensation through either a settlement or a trial. Each option has its benefits and challenges, and the decision depends on the family’s specific circumstances and goals. Consulting with an attorney experienced in legal pathways in wrongful death cases is crucial to understanding the best course of action and securing the compensation and justice your family deserves.
If you have questions about wrongful death settlements or jury verdicts, contact Ron Meyers and Associates for guidance and support through this difficult time.
