How Do Wrongful Death Settlements Differ from Trial Verdicts?

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Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on February 7, 2025
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Losing someone unexpectedly changes everything. When faced with a wrongful death case, families often grapple with complex legal decisions while seeking justice. Wrongful death cases can lead to significant financial settlements or trial verdicts, each serving to address the loss and provide compensation. Each choice carries its own challenges, impacting not only the timeline but also the sense of closure and compensation families might achieve, so we know the process is not easy. However, understanding the difference between these outcomes can empower you to choose one that aligns with your needs and priorities during such a difficult time.

At Hollis Law Firm, we understand how overwhelming legal decisions can feel during such an emotional time. Settlements typically involve private agreements between parties, offering quicker resolution and confidentiality, while trial verdicts require court proceedings, potentially resulting in more substantial awards but with added complexity and time. With our years of experience handling complex cases, we aim to provide clarity and guidance for families pursuing justice.

What Are the Key Differences Between Settlements and Trial Claims?

In any personal injury claim, including wrongful death claims, victims can receive compensation for their injuries and damages. These claims may go through the trial phase, which is usually unnecessary. 

More Claims Settle Than Go to Trial

Far more personal injury claims will settle for compensation outside of trial, but this does not automatically mean victims receive significantly less financial recovery compared to a trial.

Settlements May Be a Better Financial Choice

Settlements generally take less time, cost less, and create less emotional stress for victims. This is because settlements happen when each side agrees on an amount of compensation outside of court. Most claims will only go to trial if each side cannot agree on the financial recovery. Meaning trials will generally require more paperwork than has already been completed, eating up more time and leaving victims with questions about their recovery for longer.

Trials May Become Public

Settlements are also more private, while trials are more likely to become a matter of public record. Victims and families interested in their privacy may prefer to settle outside of court, even if the alternative could theoretically get them more compensation. Financial outcomes are generally similar, especially if you have a qualified personal injury attorney supporting you.

Experienced lawyers, like those at Hollis Law Firm, know the worth of their client’s claims and how to argue in favor of victims.

Should You Go to Trial? Factors to Consider

When you’re deciding whether you are happy settling your claim or you want to pursue more through a trial, please consider the different factors that could alter your decision. Most personal injury and wrongful death claims ultimately settle, but the victim has the power to choose trial. However, there is also the possibility that a trial will result in lower compensation for victims who have already been given a settlement offer. When making this decision, we strongly encourage you to speak with your retained attorney and walk through the process.

When you’re speaking with your attorney, the following factors may come up and affect your final decision:

  • The family’s emotional capacity
  • Desired timeline
  • Length of time already spent in legal matters
  • Evidence and documentation supporting your claim
  • Jury’s perception of the claim
  • Overall worth of damages and losses
  • The family’s minimum needs that must be met
  • Lowest offer you’re willing to accept
  • Your lawyer’s opinion, based on prior experience and knowledge

Other factors may also affect your decision, so we encourage you to consider everything carefully. We understand this can be difficult and emotionally draining, so we don’t want you to rush or feel alone. When you work with an attorney from Hollis Law Firm, we’ll be happy to provide you with the guidance and support you need to move forward. We can help you feel understood and confident throughout the process, so contact us when you’re ready to get started.

Need Support During Your Wrongful Death Claim? Contact Hollis Law Firm for Advocacy You Can Rely On

Choosing between a wrongful death settlement and pursuing a trial is a deeply personal decision that can shape the outcome of your case and your path forward. At Hollis Law Firm, we’re committed to helping families navigate these difficult choices with clarity and compassion. With our experience handling complex wrongful death cases, we focus on ensuring you feel informed and empowered every step of the way.

Our approach combines legal knowledge with a genuine understanding of the challenges you’re facing. If you’re ready to move forward, reach out to us through our contact form or at (800) 701-3672.

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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800-701-3672
800-701-3672
800-701-3672
800-701-3672
800-701-3672
Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210