When a loved one dies due to someone else's negligence or wrongful actions, family members may seek justice through a wrongful death claim. In New York, wrongful death cases can either be resolved through settlements or go to court. However, not all wrongful death cases end up in the courtroom. This article will explore when and why a case might go to court, the factors that influence settlements, and what families can expect during the process.

Understanding Wrongful Death in New York

Wrongful death claims in New York are governed by the state's Estates, Powers & Trusts Law (EPTL), which allows close family members to recover compensation when a loved one dies due to another party's negligence. These claims are often filed against individuals, companies, or entities that have acted carelessly, recklessly, or maliciously, leading to a fatal injury.

According to New York law, only the personal representative of the deceased person's estate can file a wrongful death claim, and damages are awarded for the benefit of the surviving spouse, children, or other dependents.

The types of damages that can be recovered in a New York wrongful death claim include:

• Medical expenses related to the deceased's injury or illness prior to death
• Funeral and burial costs
• Loss of financial support and benefits, such as the income the deceased would have earned
• Loss of parental guidance for surviving children
• Pain and suffering experienced by the deceased before death

The Courtroom: When and Why Do Cases Go to Trial?

In many wrongful death cases, the aim is to reach a settlement outside of court. Settling is generally faster, less costly, and less emotionally taxing than a trial. However, not all cases are settled this way. There are specific scenarios where a wrongful death case might go to court in New York:

1. Disputed Liability: If the defendant (the person or entity being sued) denies responsibility for the death or refuses to admit fault, the case may proceed to trial to determine liability.
2. Disagreement Over Damages: If the parties cannot agree on the appropriate amount of compensation, the case might go to court, where a jury or judge can decide the award.
3. Settlement Offers Are Insufficient: In some instances, the plaintiff (the estate of the deceased) may receive low settlement offers that do not cover the damages sustained. If the opposing party is unwilling to negotiate a fair settlement, the claimant may decide to take the case to court.
4. Complex Cases: Some wrongful death cases involve complicated legal issues, such as multiple defendants or unclear evidence. In these situations, both parties may prefer to have the facts examined in court.

Settlements vs. Court Trials

• Settlements: The majority of wrongful death claims in New York are resolved through settlements. Settlements typically happen before the case goes to trial and allow both parties to avoid the unpredictability of a courtroom decision. According to research, approximately 95% of personal injury claims (including wrongful death cases) in the United States are settled out of court. Settlements can be negotiated through private discussions or mediation, which provides a more controlled and often faster resolution than a trial.
• Court Trials: If a case cannot be settled, it proceeds to trial, where the court will hear evidence, witness testimony, and arguments from both sides. A trial can result in a more significant award for the plaintiff, but it is also riskier because there is no guarantee of a favorable outcome. Trials are also more time-consuming and expensive.

Key Factors Affecting Settlements

Several factors influence whether a wrongful death case is settled or goes to court:

• Strength of Evidence: If the party bringing the claim has a strong case with clear evidence of the opposing party's liability, the responsible party may be more likely to settle to avoid a court judgment that could lead to higher compensation.
• Insurance Coverage: Many wrongful death claims involve insurance companies, as defendants often have liability insurance. The insurance company may prefer to settle to minimize legal fees and avoid the unpredictability of a trial. However, if the insurance policy limits are too low, or the insurer believes they can win the case, they may push for a trial.
• Opposing Party's Resources: A party with substantial financial resources may be willing to risk going to trial rather than settle for a large amount. On the other hand, a party with more limited resources may opt for a settlement to avoid the high costs associated with a trial.
• Claimant's Needs: Families pursuing closure and compensation may favor a settlement to resolve the case more quickly. Trials can extend for months or even years, and for many families, reaching a settlement offers a quicker path to moving forward after a tragedy.

How to Maximize the Chances of a Settlement

There are several strategies that families can use to increase the likelihood of a favorable settlement:

• Gather strong evidence early in the case, including medical records, witness testimony, and expert reports.
• Hire experienced legal counsel who is skilled in negotiating wrongful death settlements. A lawyer can help you understand the value of your case and push for a fair settlement.
• Be willing to negotiate. It's essential to have a clear understanding of what you need in terms of compensation, but flexibility during negotiations can help reach a resolution without going to trial.

Conclusion

Not all wrongful death cases in New York go to court. In fact, most are resolved through settlements that offer a quicker resolution for both parties. However, if liability is contested, damages are disputed, or settlement offers are inadequate, a trial may be necessary. Families who are navigating a wrongful death claim should work closely with an attorney to explore all their options and pursue the compensation they deserve. With the right strategy, many cases can be resolved without the need for a courtroom battle.

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

Navigating New York wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced wrongful death 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.