Do Most Wrongful Death Cases Go to Court?

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April 1, 2025

Do Most Wrongful Death Cases Go to Court?

Losing a loved one due to someone else’s negligence is devastating, and many families seek justice through wrongful death lawsuits. But how often do these cases actually make it to trial? The reality is, most wrongful death claims are settled out of court, but some do go all the way to trial.

If you’re considering filing a wrongful death lawsuit, understanding how often these cases go to trial, why some settle, and what happens if a case does go to court can help you make an informed decision.

Do Most Wrongful Death Lawsuits Go to Trial?

The vast majority of wrongful death cases never see a courtroom. Studies show that around 90-95% of civil cases (including wrongful death claims) are resolved through settlements before reaching trial.

Why Do Most Cases Settle?

Trials are expensive. Legal fees, expert witnesses, and court costs add up quickly.
Trials take time. A settlement can be resolved in months, while a trial can drag on for years.
Juries are unpredictable. Even strong cases can result in unexpected verdicts that leave families without compensation.
Emotional toll. Reliving a loved one’s death in court can be traumatizing for surviving family members.

For these reasons, many families prefer to settle for a fair amount rather than risk an unpredictable trial outcome.

When Do Wrongful Death Cases Go to Trial?

While most cases settle, some wrongful death lawsuits do proceed to trial—but usually under specific circumstances.

1. The Defendant Refuses to Offer Fair Compensation

If the responsible party (hospital, insurance company, employer, etc.) refuses to negotiate a fair settlement, the case may go to court.
This is common in cases where defendants deny liability or lowball settlement offers.

2. The Case Involves a High-Value Claim

Multi-million-dollar wrongful death claims are more likely to be fought in court.
Large corporations and hospitals often fight aggressively to avoid paying massive settlements.

3. Disputes Over Liability

If fault is contested, the defense may refuse to settle and take the case to trial.
This is common in car accidents, medical malpractice, or workplace incidents, where multiple parties could be blamed.

4. Strong Evidence Supports a Higher Verdict

If substantial evidence (witnesses, expert testimony, and medical records) strongly favors the plaintiff, an attorney may advise going to trial to seek a higher payout.

5. The Plaintiff Wants Public Accountability

Some families want justice beyond financial compensation—they seek to hold a negligent party publicly accountable.
A trial can bring media attention to medical malpractice, dangerous products, or unsafe workplaces.

How Long Does a Wrongful Death Lawsuit Take If It Goes to Trial?

A wrongful death trial can take years from the time of filing to the final verdict. Here’s a breakdown of the typical timeline:

1. Filing the Lawsuit (3-6 Months)

The wrongful death claim is officially filed in court.
The defendant is served with legal notice and has time to respond.

2. Discovery Phase (6 Months – 1 Year or More)

Both sides exchange evidence, witness statements, and expert reports.
Depositions (formal witness questioning) take place.

3. Pre-Trial Motions & Hearings (6 Months – 1 Year)

Lawyers argue motions to dismiss or limit evidence.
Mediation or settlement talks continue.

4. Trial (Several Days to Several Weeks)

Jury selection, opening statements, witness testimony, and legal arguments take place.
The jury deliberates and reaches a verdict.

5. Post-Trial Motions & Appeals (Months – Years)

The losing party may file an appeal, further delaying compensation.

If a case settles, the timeline is much shorter—often between 6 to 18 months. But if it goes to trial, families may wait years before seeing justice.

What Are the Risks of Going to Trial?

While trials offer the potential for a higher payout, they also come with significant risks.

1. No Guaranteed Compensation

If a jury rules against the plaintiff, the family receives nothing—even after years in court.

2. Long, Stressful Process

Trials require extensive preparation, testimony, and cross-examination—which can be emotionally exhausting for grieving families.

3. Appeal Delays

Even if a family wins in court, the defendant may appeal, delaying compensation even further.

4. Public Exposure

Trials are public record, meaning personal details about the case become available to the public and media.

Because of these risks, most families opt for settlement negotiations instead of a lengthy trial.

Should You Settle or Go to Trial?

Every case is different, and whether to settle or go to trial depends on:

The strength of the evidence. If evidence is overwhelming, a trial might be worth the risk.
The fairness of the settlement offer. If the offer is reasonable, accepting it may be the best decision.
Your emotional and financial situation. Some families can’t afford years of legal battles and opt for a quicker resolution.

A Minneapolis medical malpractice lawyer like Mark Perron can evaluate your case and advise on the best course of action.

How an Experienced Lawyer Helps Your Case

If you’re facing a wrongful death lawsuit, working with a skilled attorney increases your chances of success. A Minneapolis medical malpractice lawyer can:

Negotiate aggressively to secure the maximum settlement.
Gather crucial evidence to build a strong case.
Prepare for trial if the defendant refuses to settle.
Guide your family through the legal process with compassion.

Wrongful death lawsuits are complex, and insurance companies will do everything they can to pay as little as possible. Having a dedicated lawyer ensures you get the justice and compensation you deserve.

Conclusion: Most Cases Settle, But Some Go to Trial

If you’re wondering whether your wrongful death case will go to trial, the answer is: probably not—but it depends.

Most wrongful death claims settle out of court because trials are costly, time-consuming, and unpredictable. However, if a fair settlement isn’t offered, going to trial may be necessary to get justice.

The best way to navigate your case is to consult with an experienced lawyer like Mark Perron to explore your options and secure the best possible outcome.If you need legal guidance on a wrongful death lawsuit, contact Perron Law Office today to discuss your case.

If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.