Lawyers do not have a crystal ball.  A majority of legitimate wrongful death cases get settled without having to seek a judge or jury verdict, but so many factors come into play. Each case is unique and your case will be discussed at length with the attorney.   Depending upon the facts and circumstances, your wrongful death case may or may not have to reach an actual trial.  Most wrongful death cases do get filed in the court system, and discovery is conducted to make sure all information is gathered so that a proper evaluation is done.  The court will most likely order the parties to mediation before trial to see if the claim can be resolved without having to wait for a jury trial opening.