Losing a family member because of someone else’s negligence is an unimaginable experience. In the weeks and months that follow, families are often thrust into conversations about legal claims, insurance companies, and potential lawsuits at a time when all they really want to do is grieve. One of the most common questions we hear from families who reach out to us at Simon Bridgers Spires is this: do we actually have to go to court?
It is a fair question, and the honest answer is: not always. But the fuller answer is more nuanced, and understanding it can make a significant difference in how you approach your case.
Most Wrongful Death Cases Settle Out of Court
Here is something most people do not realize: the overwhelming majority of wrongful death claims in Georgia and across the country are resolved before a jury ever hears them. Settlements happen through negotiation between your attorney and the at-fault party’s insurance company, or the at-fault party directly in some cases. This process can happen relatively quickly, or it can take months of back-and-forth before both sides agree on a number.
A settlement means that the responsible party, or their insurer, agrees to pay a specified sum of money in exchange for your family releasing them from further legal liability. No courtroom. No jury. No public testimony.
For many grieving families, this is a relief. Court proceedings can feel invasive and emotionally draining. Being cross-examined about your loved one’s life, income, and relationships while strangers look on is not something most people want to endure while still in the thick of grief.
But the fact that most cases settle does not mean you should expect a settlement from the start, or that you should accept the first offer that comes your way.
Why Insurance Companies Settle (And Why They Sometimes Do Not)
Insurance companies are businesses. Their goal is to pay out as little as possible while resolving claims efficiently enough to avoid expensive trial costs. When a claim is straightforward, liability is clear, and damages are well-documented, insurers often prefer to settle rather than risk a larger jury verdict.
However, insurance adjusters are also trained to look for weaknesses in a claim. They will examine whether liability is truly clear, whether the decedent had any comparative fault, and whether the family’s damages are provable and well-supported. If they believe they can poke holes in the case, or that a jury might be sympathetic to the defendant, they may offer far less than the case is worth, or dig in and force litigation.
This is one of the many reasons why having an experienced Athens wrongful death attorney from the very beginning matters so much. The strength of your legal representation shapes how seriously an insurer takes your claim. An attorney who has tried cases before and won signals to the insurance company that low-balling will not work.
What the Settlement Negotiation Process Looks Like
Once your family retains a wrongful death attorney, the typical process unfolds in several stages.
Investigation and evidence gathering. Your attorney will work to build the strongest possible case before any demand is made. This includes reviewing the police report, gathering medical records, interviewing witnesses, obtaining surveillance footage, consulting with expert witnesses such as economists, medical professionals, and accident reconstructionists, and documenting all of your family’s losses.
Calculating damages. In Georgia, wrongful death claims can include the full value of the life of the deceased, which encompasses both economic contributions such as lost income, benefits, and household services, and non-economic contributions such as companionship, guidance, and the things your loved one brought to the family that cannot easily be quantified. The estate may also have a survival claim for the decedent’s final medical bills, funeral expenses, and pre-death pain and suffering. Accurately calculating these numbers is crucial.
Sending a demand letter. Once the evidence is strong and damages are well-documented, your attorney will send a formal demand letter to the at-fault party’s insurer. This letter lays out the facts, the legal basis for liability, and the amount your family is seeking.
Negotiation. The insurer will typically respond with a counteroffer. Your attorney will evaluate it, advise you on whether it is fair, and negotiate further. This back-and-forth can go through several rounds.
Mediation. If direct negotiation stalls, many cases go to mediation, which is a structured process where both sides meet with a neutral third party to try to reach an agreement. Mediation is private, less adversarial than a courtroom, and often successful.
Filing a lawsuit. If negotiation and mediation fail to produce a fair result, your attorney files a lawsuit. This does not necessarily mean you will end up in front of a jury. Many cases settle even after a lawsuit is filed, sometimes right on the courthouse steps. But filing signals that your family is serious and willing to see the process through.
When Going to Trial Is the Right Move
Some cases genuinely need to go to trial. If the defendant refuses to accept liability, if the insurance policy limits are contested, or if the insurer’s best offer is simply too low to be fair, taking the case to a jury is sometimes the only way to achieve justice.
This is not something to fear, but it is something to prepare for. A wrongful death trial involves opening statements, testimony from witnesses and expert witnesses, cross-examination, and closing arguments. The jury ultimately decides both liability and the amount of compensation. In some cases, verdicts have been dramatically higher than what the insurer was willing to offer in settlement, which is exactly why having a trial-ready attorney matters even if you hope to settle.
At Simon Bridgers Spires, our lead attorney Christopher Simon has spent decades in courtrooms across Georgia. He has logged over 50,000 hours of litigation experience, and he spent nearly a decade on the defense side before switching to represent families. That background means he knows what insurance companies are afraid of and how to position your case to maximize leverage, whether that leads to a settlement or a verdict.
What Your Family Should Focus On
If you have lost a loved one and are thinking about a wrongful death claim, the most important thing you can do is consult with an attorney early. The decisions made in the first weeks after a tragedy, including what you say to insurance adjusters, whether you accept an early settlement offer, and whether you preserve key evidence, can shape the entire outcome of your case.
You do not have to know whether you want to settle or go to trial right now. That decision often becomes clearer as the case develops. What matters is having an advocate who can handle both paths and will always prioritize what is right for your family, not what is fastest or easiest.
If your family is navigating this process in Athens or anywhere in Georgia, our team is here to help. Visit our Athens wrongful death attorney page to learn more about how we approach these cases, or call us for a free, confidential consultation.
The Georgia Code on wrongful death claims, including who can file and what damages are available, can be found at O.C.G.A. § 51-4-1 et seq., which provides helpful background for families trying to understand their legal rights.
You do not have to figure this out alone. And you do not have to go to court to win, but we will be ready if it comes to that.