The tragic loss of a loved one often leads to emotional devastation and financial hardship for surviving family members. In cases where negligence or wrongful actions caused the death, families may seek justice and compensation through a wrongful death lawsuit. But many wonder: does every wrongful death case end up in court? In New Jersey, understanding the factors that determine whether a wrongful death case will go to trial can empower families to make informed decisions.

Understanding Wrongful Death Lawsuits in New Jersey

Wrongful death lawsuits allow surviving family members to pursue legal action against parties responsible for the untimely death of their loved one. New Jersey's wrongful death statute, outlined in N.J.S.A. 2A:31-1, enables recovery for financial losses incurred by survivors due to the decedent's death. This includes compensation for medical expenses, lost wages, funeral costs, and loss of companionship or guidance. However, not all wrongful death cases proceed to trial. Many cases are settled out of court, but some may still require judicial intervention.

When is Court Necessary in Wrongful Death Cases?

A wrongful death case may proceed to court when certain conditions make it challenging to reach a settlement. Key factors include:

Disputed Liability

If the defendant (person or entity being sued) denies responsibility, the case might go to court to establish who was at fault.

• Example: If a driver is accused of causing a fatal accident but claims the deceased was at fault, proving liability in court may be necessary.

Settlement Amount Disagreements

Sometimes, both parties agree on liability but disagree on the amount of compensation. The defendant's insurance company may offer an amount that the plaintiff deems inadequate. In such cases, proceeding to court allows a judge or jury to decide on fair compensation.

Complexity of the Case

Some wrongful death cases are highly complex, involving multiple defendants or unusual circumstances. Examples include medical malpractice, construction site accidents, or cases where multiple parties may share liability. Such complexity may lead to trial, as a judge may need to resolve the various legal and factual issues.

Failure in Negotiation or Mediation

Before going to trial, New Jersey courts encourage parties to use mediation to resolve disputes. However, if mediation fails and parties cannot agree on a settlement, the case may proceed to court.

Wrongful Death Case Process in New Jersey

To understand when a wrongful death case might go to trial, it's helpful to understand the general steps involved in the case process. Each phase represents an opportunity to settle or move closer to a courtroom trial.

Filing the Lawsuit

• The wrongful death claim must be filed by the decedent's executor or administrator, often a close family member. In New Jersey, this lawsuit must be filed within two years of the decedent's death, per the statute of limitations.
• The complaint is served to the defendant, initiating the legal proceedings.

Discovery Phase

• During discovery, both parties exchange evidence, including documents, witness statements, and expert opinions. This process allows each side to assess the strength of the other's case.
• Frequently, discovery reveals information that may motivate one or both parties to settle.

Negotiation and Mediation

• As mentioned, mediation is a common step before trial. In mediation, a neutral third party assists the plaintiff and defendant in reaching a settlement.
• If the case can be resolved during this phase, a trial can be avoided.

Trial Preparation and Pre-Trial Motions

• If mediation fails, both parties prepare for trial, which may involve filing pre-trial motions, identifying expert witnesses, and developing arguments.
• Although preparation for trial is underway, settlement discussions often continue in the background, as the costs of going to trial can be high for both parties.

Trial

• If the case reaches this stage, both sides present their arguments in court, where a judge or jury makes the final determination on liability and damages.
• Wrongful death trials in New Jersey can last from several days to weeks, depending on the complexity of the case and the volume of evidence presented.

Statistics: Court Trends in Wrongful Death Cases

Understanding the trends in wrongful death litigation can provide valuable context:

• Settlement Rates: According to national data from the U.S. Department of Justice, approximately 95% of personal injury and wrongful death cases are settled before trial.
• Average Compensation: Settlements tend to offer varying compensations, but wrongful death awards in New Jersey can range from $500,000 to several million dollars, depending on factors such as the decedent's age, income, and role in the family.
• Trial Duration: A wrongful death trial in New Jersey can last several months due to preparation and procedural requirements, with each day in court adding significant costs for both sides.

Pros and Cons of Going to Trial

If settlement talks break down, families face the difficult decision of proceeding to trial. Each approach has distinct advantages and disadvantages.

Pros of Going to Trial

• Potential for Higher Award: A jury may award a higher amount than an insurer is willing to offer.
• Sense of Justice: Some families find closure through a public acknowledgment of the defendant's responsibility.

Cons of Going to Trial

• Extended Timeline: Trials can take months or even years, prolonging the emotional and financial toll on the family.
• Higher Costs: Trials often involve additional legal fees, expert witness costs, and court expenses.
• Risk of Lower Award: There's no guarantee that the court will award more than what was offered in settlement negotiations.

Making an Informed Decision

Deciding whether to proceed to court in a wrongful death case depends on various factors, including the strength of evidence, willingness to settle, and the emotional resilience of the family. Seeking counsel from an experienced New Jersey wrongful death attorney can help families understand their options and potential outcomes.

An attorney will:

• Evaluate Case Strength: Assess the evidence and likelihood of success at trial.
• Negotiate Strategically: Aim for a fair settlement while preparing for the possibility of trial.
• Provide Guidance: Offer insights into the legal process, easing the family's burden.

Conclusion

In New Jersey, most wrongful death cases settle before reaching trial. However, factors like disputed liability, settlement disagreements, and case complexity can drive a case to court. By working with a skilled wrongful death attorney, families can navigate the process with clarity, ensuring they pursue justice in the way that best honors their loved one's memory.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.