Will a Wrongful Death Case Go to Trial?

Answer:

My clients often ask if they’ll have to go to court in New York State if they bring a wrongful death action on behalf of their loved one. Most often they won’t have to, unless the matter goes to trial or a hearing. Typically, these cases do not go to trial. The economic losses are straightforward math calculations and, as such, are a bit different than trying a pain and suffering case, which requires testimony as to that pain and suffering. In wrongful death cases, damages are determined more by accountants and economists.