Will My Wrongful Death Claim Go to Court?
If you think your loved one’s death could have been prevented but you’re wary of taking action, you are not alone. In the wake of a wrongful death, grieving family members have enough to worry about without having to navigate complex legal proceedings.
It’s worth noting, however, that you don’t have to go it alone. A knowledgeable attorney can guide you every step of the way while doing all the heavy lifting on your behalf. What’s more, there’s a good chance your claim will be settled, since most legitimate tort claims are.
Of course, a small percentage of wrongful death actions do end up in court, so the possibility remains that yours could, too. As long as you hired a lawyer with litigation experience, though, your case can proceed in capable hands while you continue taking care of your family.
If you’re wondering what the likelihood is that your claim goes all the way to trial, read on. Here are some of the most common scenarios that can lead to court:
1. The Damages Are Significant
Insurance adjusters are rarely inclined to hand out seven-figure settlements without putting up a fight. After all, their primary job is protecting the carrier’s bottom line.
If your family is seeking damages in excess of six figures, you should be prepared to face quite a few hurdles along the way. With help from a tenacious wrongful death attorney, though, it doesn’t necessarily matter how significant the damages are; your legal team will make sure to see your case through to the end.
2. Liability Is Not Entirely Clear
Sometimes, insurance carriers simply refuse to accept their policyholder’s liability. When this happens, the victim’s family may have no choice but to proceed with a formal lawsuit.
Claims with multiple liable parties often end up in court, as well, because of their sheer complexity. When all the parties involved are unable to agree on a resolution, they must resort to seeking a judgement.
3. The Deceased Had a Preexisting Condition
If the victim had a preexisting condition that posed an increased risk of death, the carrier may not be inclined to cooperate. This issue usually arises in the wake of medical malpractice.
If your loved one died during an invasive surgery, for example, the insurance adjuster may try to make the case that the procedure in question doesn’t always go as planned. If you have reason to believe doctors made a mistake, though, it’s definitely worth calling an attorney.
Call 813-551-3907 to Speak with a Wrongful Death Lawyer in Tampa
If you’re grieving a loss that you think could have been prevented, turn to the compassionate and caring team at Capaz Law Firm, P.A. Our phoneline is open 24 hours a day, seven days a week, so we’re ready to commence your claim as soon as you are. To schedule your free case review with one of our Tampa wrongful death attorneys, call 813-551-3907 or submit our Online Contact Form.