If you’re pursuing a wrongful death claim in Durham, NC, or any of our other locations around North Carolina, contact Kellum Law Firm today, as one of the most significant decisions you’ll face is whether to settle the case or go to trial. Both options carry their own set of advantages and risks, and the choice you make can significantly affect the compensation you receive and the closure you find.
The Benefits of Settling a Wrongful Death Claim
Settling a wrongful death claim means that both parties agree on a compensation amount without going to court. This process is generally faster, less expensive, and more predictable than a trial. In many cases, insurance companies and defendants prefer settlements to avoid lengthy and costly legal battles.
For families in Durham, opting for a settlement may provide the following benefits:
- Faster Resolution: Settling can bring quicker closure, allowing you to avoid the lengthy process of a trial.
- Guaranteed Compensation: Unlike a trial, where the outcome is uncertain, a settlement ensures that you receive compensation.
- Privacy: Settlement negotiations are usually private, whereas trials are public. If you prefer to keep the details of your case out of the public eye, a settlement may be the better choice.
The Risks of Settling
While settling can be appealing, there are potential drawbacks:
- Lower Compensation: In many cases, settlements may not offer the full compensation that could be awarded through a trial. Insurance companies often try to minimize payouts during settlement negotiations.
- No Admission of Guilt: Settlements often come without an admission of fault, which may leave families feeling that justice has not been fully served.
The Benefits of Going to Trial
Taking your wrongful death case to trial in the Durham North Carolina legal system has its own set of advantages. Trials offer the opportunity for a jury to hear your case, and if successful, you may be awarded a higher amount of compensation than would have been available through a settlement.
Key benefits of going to trial include:
- Potential for Higher Compensation: Juries may award damages not only for financial losses but also for emotional suffering, punitive damages, and more.
- Public Acknowledgment: A trial provides an opportunity to publicly hold the responsible party accountable, offering a sense of justice for the family. Watch our short YouTube video titled ‘Justice for Wrongful Death Victims’ here.
The Risks of Going to Trial
However, choosing to go to trial comes with risks:
- Uncertainty: Unlike a settlement, there is no guarantee that you will win at trial, and you could end up with nothing.
- Lengthy Process: Trials can take months or even years to resolve, which may prolong emotional stress for the family.
- Higher Costs: Trials are expensive and can quickly add up in terms of legal fees and court costs.
How an Attorney Can Help
If you’re unsure whether to settle or take your wrongful death case to trial, consulting with an experienced wrongful death attorney at Kellum Law Firm can help you evaluate your options. We have extensive experience handling wrongful death claims in North Carolina and can guide you through the decision-making process.
Our attorneys will assess the specifics of your case, including the strength of your evidence and the willingness of the other party to negotiate. Whether you choose to settle or go to trial, having the right legal representation can make all the difference in achieving justice and securing fair compensation.
Contact Kellum Law Firm in Durham Today
If you’re facing a wrongful death claim in Durham, NC, contact Kellum Law Firm in Durham for a free consultation. Our experienced attorneys will help you determine the best path forward, whether that means settling or going to trial.
Phone: 1-800-ACCIDENT “We’re With You All The Way”
