Do Clients in Wrongful Death Cases Have to Go to Court?

So ultimately nobody has to go to court right. Do we want to? Well that’s a question where the answer depends right. So the reason that we as attorneys go to court is it’s a tool. Not every case settles pre-suit because not every insurance company or corporation that we’re going against  or driver wants to pay. Like I said earlier, not just fair value but meaningful value on a case. And when that happens, when communication breaks down and when negotiations break down, you end up in a situation where you have two choices: A. you can take off the boxing gloves and walk away, or B. you can take the next step, which is to file a case in litigation. So wrongful death cases are no different in that sense. A wrongful death case, if it doesn’t settle for whatever reason the insurance company undervalues, if a lot of  companies are self-insured, and they undervalue it. In some of those cases, it’s necessary to go to court to file the case in court, and often times they settle after that, but if not, they go to trial. Despite the fact that we are trialers and we love trying cases, ultimately, it’s very rarely ever in the client’s best interest to go to trial. However, what is in the client’s best interest is for us to treat every case as if it is going to trial. If we take every case from the day it walks in the door, especially wrongful death cases, especially sensitive cases, and we treat them as if they’re going to trial, and we do our homework, and we get all of our facts in a row, and we put together monumental evidence and really just get into the details, and we present those in our pre-suit negotiations and show these defendants and these companies and these insurance companies that they’re going to have nowhere to hide if we do take this public so to speak right. Take it to litigation,  go to court for it, that they’re going to have a really bad time. If we can show that upfront, most of the time, we get those meaningful results for the clients without having to go to court.