How Often Do Wrongful Death Claims Go to Court?

After a wrongful death, families may have trouble making ends meet without their loved one’s income. When you add on medical and funeral expenses, it can be tempting to quickly settle out of court – but it isn’t always in your best interest.

If you’ve just filed a wrongful death claim, or your claim is taking a long time to negotiate, you might be wondering: How often do wrongful death claims go to court? And will it be necessary in my case? Let’s learn more about when a wrongful death case might go to court and what happens when it does.

How Often Do Wrongful Death Claims Go to Court?

Like most personal injury cases and other civil cases, wrongful death claims rarely go to trial. One Bureau of Justice Statistics report found that just 4% of civil claims involving negligence (known as torts) went to trial. Nearly 60% of claims that did go to trial involved auto accidents, and another 15% involved medical malpractice, both of which are common types of wrongful death cases.

A more recent article from Duke University Law School says that just 1% of all civil claims go to trial, the lowest number in 50 years. However, the same study found that medical malpractice claims, which is a common cause of wrongful death, had the highest jury trial rate (nearly 6% in the state of New York).

Ultimately, it’s difficult to answer what percentage of wrongful death cases go to trial. In general, it’s very uncommon for any civil case, including wrongful death, to go to trial. But as you’ll often find in law, the chance of your claim going to trial – and of you winning – depends on the facts of your case.

Why Would My Case Go to Court?

In civil cases, it’s generally more favorable to settle out of court. That’s because trials can be unpredictable, and won’t always turn out in your favor. Plus, trials can be much more expensive than accepting a settlement. However, if you can’t come to a reasonable settlement agreement, you may have to take your case to court. Some of the reasons a case might go to court include:

• The defendant does not accept responsibility and refuses to settle.
• It isn’t clear who is at fault, so a trial is needed to establish liability.
• The insurance company won’t agree to a fair settlement, so a trial is needed to get the compensation you deserve.

Although it’s easier to take a settlement, be careful about signing an agreement for less than your claim is worth. An experienced wrongful death attorney can help you determine whether to take a settlement or go to court.

What Happens If a Wrongful Death Claim Does Go to Court for a trial?

Wrongful death claims don’t often go to court, but if you’re one of the few claims that does, you’ll want to know what to expect. First, your case will be either a jury trial (decided by a jury) or a bench trial (decided by a judge only). Cases involving monetary damages, like wrongful death, are usually jury trials. In the Bureau of Justice Statistics report, about 90% of civil cases that went to court were jury trials.

Whether you have a jury trial or a bench trial, the process is similar:

• Both sides present their evidence to the jury or the judge.
• The jury or judge determines whether a wrongful death occurred and whether the defendant was negligent or reckless.
• The jury will calculate the damages with some help from the judge. In a bench trial, the judge will calculate the damages using their own expertise.

While most wrongful death claims won’t go to court, it’s important to hire a lawyer with trial experience in case it does happen. They’ll know the best ways to present your case in court to get you the outcome – and amount of compensation – you deserve.

How Long Does a Court Case Take?

If your wrongful death claim makes it to court, you’ve probably already been through the longest parts of the case: Gathering evidence to make your claim, filing the proper paperwork, and negotiating with the insurance company can take a year or more if you’re unable to come to an agreement, and only then will your case go to court.

Once you do decide to take your case to court, it can take a few months to file the paperwork, get your trial scheduled, and select a jury. The actual trial, however, might only last a few hours or a few days. Overall, it can take years to resolve a wrongful death claim, whether you go to court or not.

What Are the Chances of Winning a Wrongful Death Case?

Like the percentage of wrongful death cases that go to trial, it’s difficult to put an exact number on winning. A report from the Bureau of Justice Statistics on civil bench and jury trials found that plaintiffs won in 66% of bench trials and about 53% of jury trials.

For wrongful death specifically, a different report found that plaintiffs won in about 36% of cases that went to trial. However, the type of case greatly affected the outcome: While plaintiffs won 25% of wrongful death cases involving medical malpractice, they won about half of cases involving automobile accidents, premises liability, and product liability.

Get the Outcome You Deserve in Your Wrongful Death Case

How often wrongful death claims go to court depends on many factors, including the cause of the wrongful death, the strength of your case, and whether the insurance company is willing to settle. Whether your claim goes to court or not, the most important way to improve your odds of getting the compensation you deserve is to hire an experienced attorney.

At GT Law, we have more than 30 years of experience successfully handling wrongful death claims, from negotiating settlements to fighting for you in court. Our expertise includes wrongful death caused by medical malpractice, which can be one of the more difficult types of claims to take to court. Contact us for a free case evaluation to see how we can help you and your family.