Do you have to go to court for a wrongful death lawsuit?

Losing a loved one due to someone else’s negligence is devastating. If you are considering filing a wrongful death lawsuit, you may wonder whether you will have to go to court. At Whitley Law Firm Injury Lawyers, we understand that the legal process can feel overwhelming, especially when mourning the loss of a loved one. Here’s what you need to know about wrongful death claims and whether you will need to appear in court.

Settling a Wrongful Death Claim Outside of Court

Many wrongful death cases are settled outside of court rather than going to trial. Insurance companies and liable parties often choose to negotiate a settlement to avoid the expenses and uncertainties of litigation. North Carolina Statute §28A-18-2 provides a specific list of the available compensation in a wrongful death lawsuit. These sources include:

• All medical care or hospitalization needed prior to death
• Payments for the pain and suffering of the decedent
• Reasonable funeral costs
• Monetary damages that the family suffers due to not having the decedent in the family. This includes lost income, services provided by the decedent, and companionship
• Any nominal damages that a jury believes to be acceptable

With the help of an experienced wrongful death attorney, you may be able to negotiate a fair settlement without ever stepping into a courtroom.

When a Wrongful Death Case Goes to Court

While most wrongful death claims settle outside of court, some cases do require litigation. A case may go to trial if:

• The insurance company refuses to offer a fair settlement
• Liability is disputed
• The responsible party denies wrongdoing
• The case involves complex legal issues

How Long Does a Wrongful Death Lawsuit Take?

The length of a wrongful death lawsuit varies depending on several factors, including the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Cases that settle outside of court can be resolved in a matter of months, while those that go to trial may take a year or longer.

Finding the Right Legal Support

Navigating a wrongful death lawsuit requires compassion and years of legal experience. At Whitley Law Firm Injury Lawyers, we are dedicated to providing the support and guidance families need during this difficult time. Have questions about your case? We’re here to help. Contact us for a FREE consultation—call or text us at 919-785-5000 today.

If your case goes to trial, our team of Raleigh wrongful death lawyers will guide you through the process, present evidence, and advocate for your family’s best interests.