If you lost a loved one because of another party’s negligence or wrongdoing, you may be able to recover compensation for your damages. No amount of money will compensate for the loss of your loved one, but recovering financial compensation can help ease some of the burdens caused by your loved one’s death.
However, you will need to prove that the defendant is responsible for wrongful death. You will also need to demonstrate the value of economic and non-economic damages. Most wrongful death claims are settled without the need for a trial. However, if a fair settlement cannot be reached, you will need to prove your claim in court.
At Meyers & Flowers Trial Attorneys, our skilled Chicago wrongful death lawyers can build your strongest case and negotiate a fair settlement rather than go to trial in the vast majority of cases.
Call (630) 394-5189 or visit our contact page and schedule a free consultation with an experienced Meyers & Flowers wrongful death attorney to discuss your claim.
What is the Difference Between Settlement and Litigation in Wrongful Death Claims?
When a wrongful death occurs, survivors of the decedent have the right to file for damages. If the case can be resolved without going to trial, it is referred to as a settlement. However, if a fair settlement cannot be reached, litigation will be necessary, and a jury or judge will determine the claim.
What are the Advantages and Disadvantages of Settlement in Illinois Wrongful Death Claims?
There are pros and cons to settling your Illinois wrongful death claim rather than going to trial. Some of the benefits of settlement include:
- You can resolve your claim and secure your compensation faster.
- You have the certainty of knowing how much compensation you will receive, whereas if you go to court, you could recover nothing.
- Trials are expensive and increase the amount of reimbursable costs. Additionally, some contingency fee agreements provide for your attorney recovering a higher percentage fee if the case goes to trial.
- Wrongful death trials are exceptionally emotional and stressful. Many survivors want to avoid a trial. Settling can help you find some closure and allow you to move forward, giving you more peace of mind.
Some disadvantages of settling your wrongful death claim are:
- You may recover more compensation if you go to trial than if you settle.
- You don’t get to have your day in court, which some survivors want.
- In most settlements, the defendant does not admit fault, which is important to many survivors.
What are the Advantages and Disadvantages of Going to Trial in Illinois Wrongful Death Cases?
The advantages of going to trial in an Illinois wrongful death claim include:
- You get to have your day in court, which can provide a sense of justice and closure for survivors.
- A jury may award more in damages, especially for non-economic damages, than you can recover in a settlement.
- A trial determines whether the defendant is guilty or not guilty of the alleged tort, whereas in a settlement, the defendant typically does not admit guilt.
Disadvantages of a wrongful death trial include:
- The uncertainty of your outcome. The jury could find the defendant is not liable. You are not guaranteed a favorable result at trial.
- A wrongful death trial can take a high emotional toll on survivors.
- Trials can take longer to resolve your claim.
- Going to trial will incur additional costs that can reduce the net amount of your compensation.
How Meyers & Flowers Trial Attorneys Can Help You
Our experienced Chicago personal injury lawyers will investigate the accident that caused your loved one’s death, identify all possible causes and potentially liable parties, and work to build your strongest case.
Our attorneys are excellent negotiators who can help settle your claim for maximum compensation as quickly as possible. However, if a fair settlement cannot be reached, our trial attorneys will prepare your case for trial and help you secure the compensation you deserve.
Schedule a Free Consultation With an Experienced Illinois Wrongful Death Attorney
If your loved one died because of another party’s negligence or wrongdoing, you may be entitled to recover compensation for your damages. Our attorneys have the experience, skills, and resources to help you secure maximum compensation as quickly as possible.
Call (630) 394-5189 or complete the short form on our contact page and schedule a free consultation.