Unlike what you see on dramatic television shows, the vast majority of cases settle long before the trial ever comes around. There are a host of issues that go into making the decision for both parties. In this article, we take a look at a couple that may be less obvious, but need to be considered in wrongful death actions.
The facts of a case dictate its outcome. More pointedly, the evidence supporting those facts dictates the result. To this end, there is an old saying among lawyers. If the law is against you, argue the facts. If the facts are against you, argue the law. If both are against you, try to make it personal with opposing counsel. Some say this last approach was what kept OJ Simpson out of jail on his murder charges. Regardless, the evidence and law in a case are critical, but there are two other factors to take into account.
You have a wrongful death case wherein your spouse was killed in a car crash involving a dump truck. Liability is clearly in your favor, but there is a problem. The dump truck driver was self-employed. The only thing he really owned was his truck. He wasn't married and didn't own a home and so on. The truck is worth about $20,000, but he did have insurance for another $100,000. The insurance company is offering the full $100,000 to settle the case. In this scenario, taking the case to trial is not really worth it. You could get a judgment for a trillion dollars, but you will never see the money. In the OJ case, the families of Ron Goldman and Nicole Brown ultimately received a $30 million plus judgment. They've recovered a tiny fraction of it because most of his assets were shielded. In short, it was a hollow victory.
The second issue to consider is the jury reputation. Every jury is different, but communities show trends when it comes to their views on cases. Some areas of the country produce juries that almost always side with doctors in medical malpractice cases unless liability is absolutely clear such as San Diego. Just up the coast in Long Beach, the opposite is true. In deciding whether to settle a wrongful death case, knowing how juries tend to act in your area is a critical issue.
The decision to settle a case is often a simple one. There is usually something that arises that clearly dictates one result or another. When evaluating the case with your attorney, make sure to remember to consider these two issues.
Thomas Ajava is with BirminghamWrongfulDeathLawyer.com - find a quality Birmingham wrongful death attorney to handle your case and get you through a tough time.
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