A study conducted by the United States Justice Department found that 97 percent of all civil cases, including wrongful death actions, are settled or dismissed without ever going to trial. The number of trials held in the courtrooms surveyed fell from over 22,000 in 1992 to nearly 12,000 in 2001. The general movement in our justice system in recent years has been towards settlement and mediation. However, it can be extremely difficult to place a monetary value on wrongful death cases, as no figure can actually replace the human life stolen. This makes settlement often difficult and adversarial.
Your Wrongful Death Case Will Likely End in Settlement
Statistically, your wrongful death case has a high likelihood of ending in settlement. This is due to a variety of factors, including the expense and time delays of trial. Settlement often offers a quicker, cost-effective way to achieve a positive outcome for your case by allowing both the plaintiff and defendant to avoid the costs of trial and reach a result far sooner. It also further eliminates the possibility of surprise for both parties, who agree on a specific figure to conclude the case.
On the other hand, settlement could have its downsides. There is always a chance that the plaintiff would have been awarded a higher sum at trial than in settlement. However, there is also an equal chance that the plaintiff would have been awarded less or even nothing at trial.
The decision to settle your case is one that must be made with careful consideration and only with the assistance of a licensed wrongful death lawyer experienced in this field of law. Settlement negotiations are truly an art form that only attorneys with skill in the field can be expected to conduct proficiently.
Considerations in Reaching a Settlement
In calculating your potential settlement amount with the assistance of a knowledgeable wrongful death attorney, the goal is to reach a sum total of all of your damages related to the loss of your loved one in the accident. Economic damages include concrete figures related to lost wages, funeral and burial expenses, medical expenses incurred by the victim prior to death, and the like. Non-economic damages are far more difficult to calculate and your attorney’s assistance will be vital in this area of law. Once you have calculated your total damages, you and your attorney can seek a settlement value that will take into account the strength of your case and potential for success at trial.
Put Our Law Firm’s Over 39 Years of Legal Experience to Work For Your Family’s Case
If you have been injured because of the actions of another person or party, speaking with an attorney can help you understand your legal rights as well as the actions necessary to preserve your rights. Our compassionate Wrongful Death Attorneys at Montlick and Associates represent those who suffer serious injuries throughout all of Georgia and in the Southeast, including all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Sources:
http://law.justia.com/codes/georgia/2010/title-51/chapter-4
http://www.bizjournals.com/phoenix/stories/2004/05/31/newscolumn5.html
