Cases involving the death of a loved one are some of the most emotional types of legal cases that are pending at any given time in Wisconsin. After all, the very basics of such a wrongful death claim can be damning: the victims are contending that the defendant caused the untimely death of a loved one due to some negligent or reckless action that, but for occurring, would not have led to the death in question. As emotions run high in these types of cases, it is still important for the parties involved to consider their options from a legal perspective. In many cases, that will mean, at some point, a discussion about whether or not to settle the case out of court.
Many of our readers in Wisconsin know that the vast majority of civil lawsuits are settled, as opposed to going all the way to a trial. Sometimes the parties simply do not want to rely upon the perceived unpredictability of juries and, instead, they believe the best opportunity to either maximize the amount of compensation, from the plaintiff’s perspective, or limit the amount that must be paid, from a defendant’s perspective, is to engage in out of court settlement negotiations.
However, just like with any legal issue, there are many different factors that must be considered when discussing settlement. For example, perhaps the amount of compensation the defendant is offering is simply unacceptable, maybe even so low that the family members of the deceased person perceive it to be an insult. Or, perhaps the potential compensation involved is in the millions of dollars and, as a result, the family feels comfortable with the case being presented to a jury for a decision.
Wrongful death cases can be complicated. Anyone in Wisconsin who has lost a loved one due to the negligent or reckless actions of another party may need to explore their legal options.