Wrongful Death Cases
The untimely death of a family member, especially when the death is the result of negligence or preventable injuries, is difficult for surviving family members. It is understandable in these moments of grief that the families of the deceased wish to seek restitution, as they are fueled by anger and pain. They often turn to lawsuits as a means of curbing the pain. However, while civil actions might provide a distraction, lengthy trials can make it difficult to move on, which can lead to a desire for avoidance. Unfortunately, while avoidance might be possible during settlement negotiations, trials are another story, which is why you should hire a skilled and competent attorney.
In cases of clear negligence and fault, settlement discussions can mean a quick turnaround and reward for the suffering families. In fact, attorneys typically prefer to settle wrongful death suits out of court because it is easier on the family, and the financial strain is less. Trials, especially those involving a wrongful death claim, are costly and require significant resources that not every family or law firm can handle. Unfortunately, not every case is cut-and-dry, meaning that settlement talks can break down. When this happens, a judge and possibly a jury are needed to help resolve the disagreement.
Trials are not often sorted within a matter of days. They are long and typically require the presence of the family or the member who filed the claim. Even if the family’s presence is not a requirement, it helps the jury and the judge to put a face to the alleged victim. It is hard for juries to sympathize with data and photos, having a real person affected by the tragedy helps. Therefore, if settlement negotiations break down, the family should be prepared to attend the trial.
Finding a competent attorney is likely the most important decision a family can make. An attorney with experience understands the art of negotiation and expectation. However, don’t merely go with the most boisterous attorney you can find, ensure that their talk matches their results. Also, families should look for attorneys with the reach and resources to fight a potential trial. Therefore, firms with teams are often best for wrongful death claims.
Losing a family member, especially to something preventable, is incredibly hard on the surviving family. Understandably, these families want someone to blame. However, when it comes to trials, attendance is crucial. While skilled lawyers might be able to resolve the claim before a trial is necessary, families should always be prepared. If you have any further questions, contact a wrongful death lawyer in Trenton, NJ.
Thanks to Davis & Brusca for their insight into personal injury claims and appearing in court for a wrongful death case.