Can a Wrongful Death Claim Be Settled Without a Trial?

While filing a wrongful death claim can be important for a variety of reasons, most family members understandably want the process to be over as quickly as possible. As a result, many family members have questions about whether wrongful death claims can be settled without a trial. 

So, can they?

The short answer is, “Yes.” In fact, many successful wrongful death claims settle well before their scheduled trial date arrives (if a trial gets scheduled at all). With that said, there are no guarantees. While an experienced wrongful death lawyer may be able to seek an out-of-court settlement on your family’s behalf, it will be up to the insurance companies to come to the table in good faith. 

5 Steps Family Members Can Take to Improve Their Chances of Obtaining a Fair Wrongful Death Settlement

While there are no guarantees, there are steps family members can take to help improve their chances of obtaining a fair settlement without a trial. There are also steps family members can take to ensure that they make an informed decision if a settlement offer is on the table. Some of these steps include: 

1. Engage a Wrongful Death Lawyer Promptly 

All aspects of filing a wrongful death claim require experienced legal representation. While families are not legally required to hire a lawyer, practically speaking, your family will need a lawyer to prove the cause of the fatal incident, accurately calculate your family’s losses, and deal with the insurance companies. It is important to conduct an investigation as soon as possible after a fatal accident, so we strongly recommend engaging an experienced wrongful death lawyer promptly. 

2. Prioritize Your Family’s Wrongful Death Claim 

While it can be difficult, it is important to prioritize your family’s wrongful death claim in the short term. Along with hiring a wrongful death lawyer, you should be prepared to communicate with your family’s lawyer as necessary. Especially in the early stages of your family’s case, your family’s lawyer will need to rely on you for some important information. Staying in close communication with your family’s lawyer will help ensure that the process is as smooth and successful as possible. 

3. Keep All Relevant Documentation 

Family members who have wrongful death claims should keep any and all documentation they receive related to their loved one’s fatal accident, medical treatment, insurance coverage, and employment. You should try to keep any other relevant documentation as well. While your family’s lawyer will be able to track down the documents he or she needs to pursue your family’s claim if necessary, it can help speed up the process if you are able to provide any of these documents directly. 

4. Make Sure You Know How Much Your Family Deserves to Recover 

There are two major aspects of any wrongful death claim. The first is proving why the accident happened. The second is proving the losses your family is entitled to recover. 

When seeking a settlement, it is critical to ensure that you have a clear and comprehensive understanding of the current and future losses your family is entitled to recover. While every case is unique, these losses can be substantial, and settling for less than your family deserves can have long-term consequences. While your family’s case is pending, you should be prepared to work with your family’s wrongful death lawyer to determine what constitutes a fair settlement under the circumstances at hand. 

5. Make an Informed Decision if a Settlement Offer is On the Table 

Finally, while most successful wrongful death claims settle, it is up to each family to decide when (and if) they are prepared to accept a settlement and begin the process of moving on. This requires informed and rational decision-making with a long-term perspective. If a settlement offer is on the table in your family’s case, you should be prepared to sit down with your family’s lawyer and have a practical discussion about what will ultimately be best for your family. 

Schedule a FREE Consultation with a Wisconsin Wrongful Death Lawyer Today 

Losing a loved one unexpectedly is overwhelming. You should not have to navigate insurance companies, legal deadlines, and settlement decisions on your own. Whether your goal is to resolve your claim without trial or prepare fully in case a trial becomes necessary, you need the right legal team in your corner.

At Studinski Law, LLC, we have represented families across Wisconsin in wrongful death cases involving car accidents, truck crashes, workplace incidents, and other fatal events. Our Wisconsin wrongful death lawyers take the time to understand your family’s situation, explain your options, and pursue the maximum compensation allowed under Wisconsin law. If a fair settlement is possible, we work toward it. If not, we are prepared to move forward.

Contact Studinski Law, LLC today online or at (715) 515-7993 for a FREE case evaluation. We serve clients in Plover and all areas of Wisconsin.