To Court or Not to Court? Why Settling Before Trial is Smarter

Taking a case to trial can be a long and arduous process, costing thousands of dollars in court and legal fees. If you find yourself taking on a personal injury case, such as a wrongful death lawsuit, your wrongful death lawyer may advise you to settle outside of court before trial. 

Trials can go on for years without resolution. For example, a current lawsuit in Utah, Faucheaux v. Provo City was filed in 2010, per the Daily Herald. As reported, the Fourth District Judge Fred Howard dismissed the case in June 2013, ruling that Provo was protected from litigation in the matter. 

The Herald further reported that in Jan. 2015, the Utah Court of Appeals overruled the Fourth District, deciding that the Governmental Immunity Act of Utah does not shield Provo from Faucheaux’s lawsuit. This one case has gone through at least two courts and has spanned five years–that’s five years worth of court fees and other costs owed to Faucheaux’s lawyer, without any sort of resolution.

There are ways to avoid the grueling process of a trial, such as the one Faucheaux is experiencing in Provo, Utah. The first step is finding a wrongful death lawyer that has a track record of successfully settling outside of court before the trial gets under way. 

Once you’ve found the right lawyer, he or she will file a complaint with the court, a document that initiates the lawsuit.  The next step in the process involves what is called a demand letter–a document that explains the events leading to the wrongful death, demonstrates the liability of the accused, specifies the medical cause of death, lists all related medical costs and loss of wages, outlines the ongoing emotional pain and suffering of the plaintiff and demands a specific dollar amount to settle the claim. This document, if drawn up correctly, is the most important document pertaining to your case. 

While you might not want to take your lawsuit to trial, you also may not want to accept the insurance company’s first offer. In your demand letter, your lawyer should demand for a much higher amount than either of you expect to receive. This is because the insurance company will most likely counter-demand far below what it is willing to pay out for your claim. 

Allow for the negotiations to continue. While this process may take some time, it is still much quicker than taking the lawsuit to trial (i.e. five-plus years with no resolution such as in Faucheaux v. Provo City). 

If negotiations halt for any reason, your lawyer may suggest an Alternative Dispute Resolution (ADR). One such alternative is mediation, which allows for both parties and their lawyers to speak openly and frankly under the guidance of a neutral mediator. Mediations are confidential and cannot be used in future litigation or trail. Oftentimes, stalled negotiation between parties can be resolved through mediation. 

A wrongful death lawsuit can become a long, drawn out affair. Obtaining the right lawyer can help shorten the process and negotiate a proper settlement without the cost of a trial. 

Alex Kirkwood is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry.