Losing a loved one due to another person's negligence or wrongful actions is devastating. In Pennsylvania, the surviving family members of a deceased individual are able to file a wrongful death claim to pursue compensation for their loss. However, many people wonder whether all wrongful death cases go to court or if there are alternative ways to resolve such claims. This article explores the legal process for wrongful death cases in Pennsylvania, examining whether litigation is always necessary, the options available to families, and what factors influence the decision to settle or go to trial.

Understanding Wrongful Death Claims in Pennsylvania

A wrongful death claim happens when a person dies due to the wrongful or negligent actions of another. Pennsylvania law allows certain family members of the deceased, such as a spouse, children, or parents, to file a claim for compensation. The damages in a wrongful death case can include:

• Funeral and burial expenses
• Loss of companionship and support
• Medical expenses incurred before death
• Lost wages and benefits the deceased would have provided

Do All Wrongful Death Cases Go to Court?

Contrary to popular belief, not all wrongful death cases in Pennsylvania go to court. In fact, many claims are resolved through settlements before a trial is necessary. Whether a case goes to court or not depends on several factors, including the willingness of the parties to negotiate, the strength of the evidence, and the compensation being sought.

Factors That Influence the Decision to Settle or Litigate

1. Strength of the Case: The strength of the evidence supporting the wrongful death claim can play a major role in whether the case proceeds to trial. If the evidence clearly shows that the defendant is responsible for the death, the defense may be more likely to settle. On the other hand, if the liability is disputed or unclear, the case may need to be litigated to resolve these issues.
2. Negotiation Willingness: In some cases, both parties may prefer to avoid the lengthy and costly process of going to court. Negotiations often take place between the plaintiff's attorney and the defendant's legal team or insurance company to reach a fair settlement. If an agreeable resolution is reached, the case can be settled without going to court.
3. Disputes Over Compensation: The amount of compensation sought can also determine whether a case goes to trial. If the parties cannot agree on a fair settlement amount, the case may proceed to court. This is particularly common in cases where the plaintiff is seeking substantial damages, such as high lost wages or punitive damages.
4. Insurance Company Involvement: In many wrongful death cases, the defendant's insurance company plays a major role. Insurance companies usually prefer to settle out of court to avoid the risk of higher payouts at trial. However, if the insurer disputes the claim or the amount being sought, litigation may become necessary.

Settlement vs. Court: What's the Best Path?

Choosing between settling a wrongful death case and going to trial depends on the specific details of the case. Both options have advantages and disadvantages that families must consider carefully.

Benefits of Settling a Wrongful Death Case

• Faster resolution: Settlements often allow families to receive compensation much faster than going through a lengthy trial.
• Reduced legal costs: Trials can be expensive, with court fees and attorney costs adding up over time. Settling can minimize these expenses.
• Emotional toll: Going to court is emotionally draining for family members, as they are often required to relive traumatic details of their loved one's death during testimony. A settlement can help avoid this ordeal.
• Guaranteed outcome: Settling guarantees a specific amount of compensation, whereas a trial outcome is uncertain.

Risks of Settling

• Lower compensation: While settlements provide certainty, they may result in lower compensation than what could be awarded at trial. Insurance companies usually offer settlements that are lower than the potential value of a case.
• No public acknowledgment of fault: Settlements often include non-disclosure agreements, meaning the defendant does not admit fault publicly. For some families, public accountability is important.

Benefits of Going to Court

• Higher compensation potential: If a jury sides with the plaintiff, the compensation awarded at trial may be significantly higher than a settlement offer.
• Public accountability: A trial may result in a public acknowledgment of the defendant's responsibility for the death.

Risks of Going to Court

• Lengthy process: Trials can take months or even years to resolve, delaying compensation for the family.
• Uncertain outcome: There is no guarantee that the court will rule in the plaintiff's favor, and losing a case can mean receiving no compensation.
• Increased costs: Court fees, expert witness fees, and legal representation can make going to trial more costly.

How Often Do Wrongful Death Cases in PA Go to Court?

While exact statistics on wrongful death cases in Pennsylvania are not always readily available, national trends suggest that the majority of wrongful death cases settle out of court. Based on a report from the Bureau of Justice Statistics, only about 4-5% of personal injury cases, including wrongful death claims, ever go to trial. This means that the vast majority—roughly 95-96%—are resolved through settlements.

In Pennsylvania, families should be prepared for either outcome. While settlements are more common, the possibility of going to court always exists if the parties cannot agree on fair compensation.

Conclusion

Not all wrongful death cases in Pennsylvania proceed to court. In fact, most are resolved through negotiations between the victim's family and the responsible party's legal team or insurance provider. Settling offers advantages such as a faster resolution and reduced legal costs, but it may also result in lower compensation. On the other hand, going to court can lead to higher compensation but comes with increased risks and a lengthy legal process. Families should work closely with their attorneys to determine the best course of action based on the specifics of their case.

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

Navigating Pennsylvania 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.