Losing a loved one unexpectedly due to someone else’s negligence or wrongdoing is one of the most difficult experiences a person can endure. At times like these, you may be feeling overwhelmed by grief, confusion, and uncertainty about the legal process. If you are facing the difficult decision of how to move forward with a wrongful death case, it is completely natural to feel unsure about what steps to take. In Ohio, wrongful death cases can be resolved through settlements or trials, and understanding the differences between these two options is important as you navigate this challenging time.
Ryan Injury Attorneys understands the emotional toll that a wrongful death case can take on you and your family. We are here to help guide you through every step of the legal process with empathy and professionalism. Whether you decide to pursue a settlement or go to trial, we are committed to helping you achieve the best possible outcome for your case.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Paralegal
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmUnderstanding Wrongful Death Claims in Ohio
In Ohio, a wrongful death claim arises when someone’s death is caused by another person’s negligence, recklessness, or intentional actions. These cases can involve a wide range of accidents, including car crashes, workplace accidents, medical malpractice, and defective products. The surviving family members or loved ones of the deceased person may be entitled to seek compensation for their loss, including damages for funeral expenses, lost income, pain and suffering, and emotional distress.
When a wrongful death case is filed, it typically involves two options for resolution: settlement or trial. Both of these paths can result in compensation for the surviving family members, but they differ in terms of the process, timeline, and potential outcome. Knowing what each option entails can help you make an informed decision about how to proceed with your case.
The Settlement Process in Wrongful Death Cases
Many wrongful death cases in Ohio are resolved through a settlement rather than a trial. A settlement occurs when both parties, the plaintiff (the family of the deceased) and the defendant (the party accused of causing the death), reach an agreement outside of court. This agreement usually involves the defendant agreeing to pay a certain amount of money to the plaintiff in exchange for the plaintiff agreeing to drop the case.
The settlement process typically begins when the family of the deceased, through their attorney, files a wrongful death lawsuit. The defendant or their insurance company will then be given an opportunity to respond to the claim. At this point, both sides may begin to negotiate a settlement. This process may involve discussions between the attorneys, mediation, or even a demand letter outlining the compensation the plaintiffs are seeking.
One of the main advantages of pursuing a settlement is that it is often quicker and less stressful than going to trial. Settlements allow both parties to avoid the time, expense, and emotional strain of a trial. It also gives the plaintiff more control over the outcome, as they can choose to accept or reject the settlement offer. In many cases, settlements can provide fair compensation for the loss of a loved one without the uncertainty of a trial.
However, settlements do have some disadvantages. In some instances, the defendant may offer a settlement that is lower than what the plaintiff feels is fair or adequate. If the parties cannot agree on a settlement amount, the case may proceed to trial. It is important to have a skilled attorney who can assess the value of your case and ensure that any settlement offer is fair and reasonable.
The Trial Process in Wrongful Death Cases
While most wrongful death cases are resolved through settlements, some cases do go to trial. In a trial, both the plaintiff and the defendant present their case before a judge and jury, who will ultimately decide whether the defendant is responsible for the death and how much compensation should be awarded. The trial process is more formal and can be more complex than settlement negotiations.
Going to trial involves several steps. First, both parties will exchange evidence and prepare their arguments. During the trial, each side will present witnesses, testimony, and other evidence to support their claims. The jury will then deliberate and decide whether the defendant is liable for the wrongful death and what damages should be awarded.
One advantage of going to trial is that it allows the plaintiffs to present their case in full and seek the maximum compensation possible. A trial can be particularly important if the defendant denies responsibility or if a fair settlement cannot be reached. Additionally, a jury may award a higher amount of compensation than what was offered in a settlement.
However, trials can be time-consuming, expensive, and emotionally draining. The outcome of a trial is uncertain, and there is always the possibility that the jury may not rule in the plaintiff’s favor. Even if the plaintiff wins the case, it may take a long time to receive compensation, as the defendant may appeal the decision or delay payment.
Which Option Is Right for You
Choosing between a settlement and a trial is not always an easy decision. Every wrongful death case is unique, and the best course of action will depend on a variety of factors, including the strength of the evidence, the amount of compensation being offered, and the emotional and financial needs of the family. For many families, a settlement is the preferred option because it offers a quicker resolution and avoids the uncertainty and stress of a trial.
However, in some cases, going to trial may be the best option if the defendant is not willing to offer a fair settlement or if there is a strong desire to hold the defendant fully accountable for their actions. A trial can also provide closure and the opportunity to tell the story of your loved one in front of a jury.
It is important to have an experienced wrongful death attorney by your side to help you assess your options and guide you through the decision-making process. Your attorney can help you understand the pros and cons of both settlements and trials and work with you to develop the best strategy for your case.
- Zora S.
- Lashawn H.
Let Us Help You Achieve a Successful Outcome
If you are dealing with the loss of a loved one due to a wrongful death in Ohio, it is crucial to have a trusted legal team by your side. At Ryan Injury Attorneys, we are here to help you through this difficult time and ensure that your case is handled with care and professionalism. We understand the emotional challenges you are facing, and we are committed to providing you with the support you need as you navigate the legal process.
Whether your case is best suited for a settlement or trial, our team will fight to secure the compensation you deserve and help you achieve a successful outcome. Contact us today to schedule a consultation and take the first step towards justice for your loved one.