Should You Settle or Go to Trial for a Wrongful Death Claim?
When pursuing justice for the wrongful death of a loved one in Ohio, one of the most crucial decisions you may have to make is whether to settle the case out of court or proceed to trial. Both paths have their advantages and disadvantages, and understanding what you want from the process can influence the choice you ultimately make. In this article, we shall break down the critical factors to consider when choosing whether to settle or go to trial and the benefits and risks of each option so that you can make an informed choice on what is best for you and your family.
But first, let’s understand what constitutes a wrongful death in Ohio. Under Ohio law, wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. When a family loses a loved one, the estate’s personal representative can file a wrongful death claim and seek compensation on behalf of surviving family members.
Factors To Consider When Choosing Between Settlement and Trial
- The Strength of the Evidence
If your evidence substantially supports your claim, such as witness statements, surveillance footage, or proof of negligence, you may have a greater chance to win at trial than if the evidence is weaker and disputable.
- Time and Finances
Trials are often time-consuming and expensive. From court fees to expert witnesses, the costs can quickly add up, not to mention the months (or years) it may take to resolve the case. Settling, on the other hand, provides a faster resolution with lower financial investment.
- Emotional Impact
Going to trial isn’t just a legal process but also an emotional one. You have to revisit painful details, face cross-examinations, and endure long days in court, which can prolong grief and stress. With a settlement, you can avoid the emotional toll of a trial and focus on healing.
The Settlement Option
An out-of-court settlement agreement may be a good option for the following reasons:
- Faster resolution: You can recover compensation sooner and move forward
- Guaranteed compensation: With settlements, you are assured of receiving compensation
- Privacy: Settlement negotiations remain private, ensuring you keep matters out of the public eye.
However, there are some trade-offs for this route, including:
- Lower compensation: Settlement negotiations often result in lower payouts than a trial
- No admission of guilt: With settlement discussions, the responsible party does not have to admit guilt.
Pursuing a Trial
If a fair settlement cannot be reached, your lawyer may recommend taking the case to court. The potential benefits of this path include:
- Higher compensation: You may receive a higher award beyond financial losses, such as punitive damages for emotional suffering
- Accountability: A trial holds the responsible party publicly accountable, which can give you and your family a sense of justice.
However, there are risks associated with going to trial:
- Longer process: Trials are often lengthy, which could delay closure
- Uncertainty: A jury’s decision is never guaranteed; you could win big or leave without compensation
- Higher costs: Expenses, including legal fees and court costs, can quickly escalate.
Contact Our Columbus Wrongful Death Attorney
If you are considering a wrongful death claim, the law office of Brian G. Miller CO., L.L.C., can help you explore your options so you can find both closure and fair compensation. Contact us today to schedule a consultation.
codes.ohio.gov/ohio-revised-code/section-2125.01#:~:text=When%20the%20death%20o
f%20a,of%20such%20person%2C%20as%20such
