Going to Trial Versus Settling a Wrongful Death Case in Omaha

Even though pursuing financial compensation is usually a good idea if someone else’s negligence results in a fatal accident, the prospect of spending months in court litigating the death of a loved can be overwhelming. Settling such a case as quickly as possible out of court may seem like a more desirable option. In fact, many successful wrongful death cases end with private settlements.

However, it is important to understand all your options when pursuing compensation for a loved one’s unexpected passing, as well as the pros and cons of going to trial. An experienced wrongful death lawyer can help you determine the best course of action for your claim, whether you should go to trial or try to settle your wrongful death case in Omaha.

Benefits and Drawbacks of Settling

For most personal injury cases in Nebraska, out-of-court settlements are generally more common than civil court verdicts. Many plaintiffs prefer to get their case over with as soon as possible.

While settlements can be reached quicker than court verdicts, settling does not necessarily mean a plaintiff will have to accept an insufficient amount of money. With relentless legal representation, an out-of-court settlement in an Omaha wrongful death case can maintain the privacy of both involved parties and save a great deal of time. Our skilled legal team can help you negotiate a full settlement for all the financial losses you suffered as a result of your loved one’s unexpected passing.

You may feel like your best option is to accept an insurance company’s initial settlement offer. However, plaintiffs who do not retain an attorney are often taken advantage of by self-serving insurance companies. Additionally, it may be harder to recover certain damages, like the decedent’s pain and suffering before they passed away, in a settlement negotiation, whereas a civil court may be more sympathetic as a neutral arbitrator.

When to Go to Trial

A settlement agreement can be made at any point in the civil litigation process, so it is always worth keeping the option of going to court on the table even if a plaintiff ultimately expects or prefers to settle. If the defendant in an Omaha wrongful death case does not negotiate in good faith or offer a satisfactory settlement, going to trial may be your only recourse for obtaining fair compensation.

It should be noted, though, that while a court verdict could result in more money than a private settlement, it could also have the exact opposite outcome. An insufficient settlement offer would result in some compensation for a wrongful death victim’s estate and surviving family, but a court verdict in favor of the defendant would leave them with nothing at all.

A dedicated injury attorney at Berry Law could help determine whether it is in your best interest to go to court. An Omaha attorney will fight to obtain maximum compensation, either by going to trial or settling a wrongful death claim.

An Omaha Attorney Can Help You Settle or Litigate a Wrongful Death Case

A qualified lawyer can examine your options and provide advice about which one might best suit your needs. Whichever path you wish to follow, Berry Law’s team can help you pursue the best possible outcome. To schedule a free consultation and discuss your potential case, call our team today.