What are Your Chances of Winning a Wrongful Death Case?

What are your chances of winning a wrongful death case? Wrongful death cases can be very emotionally taxing for the individuals involved. The emotional trauma around losing a loved one, and the aftermath of how to handle what they left behind can cause stress and anxiety for the family. Surviving family members seeking justice and compensation for the loss of their loved one deserve to be treated fairly, which is not always the case when it comes to dealing with insurance companies. When dealing with the death of a loved one due to another’s negligence, it is important to have a trusted attorney by your side throughout the legal process. 

Learn more about the chances of winning a wrongful death case with our attorneys, and learn more about how to establish liability, and the key factors that influence the chances of winning a wrongful death case.

Establishing Liability

The foundation of any wrongful death case is to establish liability. This is not always an easy process and requires demonstrating that the defendant’s actions directly contributed to your loved one’s death. Liability can be handed down in a variety of different circumstances, including automobile accidents, defective products, or workplace accidents.

One of the most critical aspects of a wrongful death case is proving that the defendant was negligent, and that breach of duty of care, causation, and damages are all present in the suit. The court will decide whether or not the defendant owed a duty of care to the deceased, and whether that duty was in fact breached, which led to the individual’s death. 

Gathering Sufficient Evidence

Evidence is crucial in wrongful death cases. Evidence such as eyewitness testimony, consulting experts, medical records, accident reconstructions, and any other relevant evidence from the scene is critical in wrongful death cases. The more evidence available to your attorney, the more success your case will have in court. 

Establishing a clear timeline of events leading up to the accident that caused the wrongful death is critical to your case. This usually involves collecting surveillance footage, accident reports, and other important records that help paint a better picture of the circumstances leading up to the accident.

Expert Testimonies

Your attorney will likely consult experts in the field for testimony, as these can play a pivotal role in wrongful death cases. Depending on the nature of the incident, experts may be required to provide insights into medical procedures, accident reconstructions, or industry standards. Expert testimonies can help the jury understand complex technical aspects, strengthening the plaintiff’s case.

For example, in a car accident case, a qualified professional in the auto industry may be called up by your attorney to explain how the conditions of the road, or the defendant’s handling of their vehicle breached the standard of care, causing the accident. Expert testimonies not only provide clarity but also lend credibility to the plaintiff’s claims.

Damages Assessment

It is critical to determine the extent of the damages in wrongful death cases. Damages in wrongful death cases can deal with a number of different elements such as medical expenses, funeral costs, loss of consortium, emotional distress, and more. It is difficult to accurately assess these damages without evidence and is critical to presenting a comprehensive case and seeking fair compensation. 

Although financial compensation will not bring back your loved one, it can help alleviate the financial burdens placed on the surviving family members. Economic and non-economic damages are assessed by the court, with the goal to award these damages to the plaintiffs.

Statute of Limitations

Every personal injury claim is subject to a statute of limitations, which sets a timeframe in which the lawsuit can be filed. The statute of limitations for wrongful death vary by jurisdiction and the nature of the incident. If the lawsuit is not filed within the statute of limitations, it’s likely that the case will be dismissed.

It is critical that the surviving family members are aware of these deadlines. This is why it is best to seek the help of a skilled attorney, as they will file within the statute, and ensure that the case has the best chance of a positive outcome.

winning a wrongful death case

Legal Representation

For any personal injury claim, legal representation is critical. Experienced attorneys who deal with wrongful death cases have the skills and resources necessary to navigate the complexities of the legal system. 

Our attorneys will conduct a thorough investigation, get witness statements, consult industry experts, and negotiate with the opposing party’s insurance company. Your attorney is a valuable asset in building a solid case, and presenting a compelling argument, should your case head to litigation. 

Comparative Negligence

Depending on the jurisdictions, the concept of comparative negligence might come into play when learning more about your chances of winning a wrongful death case. Comparative negligence considers the actions of both the plaintiff and the defendant in determining liability and damages. In the case where the deceased was partially responsible for the accident, the damages awarded would be reduced, usually to the percentage of fault they contributed to the accident. 

For example, in a car accident case, if the deceased was found to be 20% at fault for the collision, the damages awarded to the surviving family members may be reduced by that percentage. Understanding how comparative negligence applies in a particular jurisdiction is crucial for evaluating the potential outcomes of a wrongful death suit.

Emotional Impact and Jury Perception

Due to the nature of a wrongful death case, it is important to recognize the emotional impact of the case on the jury. Juries are comprised of individuals throughout the local area, and prove to be empathetic to the pain and suffering of the surviving family members. Effective communication of the emotional toll can sway the jury’s perception and influence their decision.

However, it is important that emotional appeals have the evidence to back up their claims. While emotions can be powerful, they may not be sufficient on their own to win the compensation the plaintiff is seeking. Attorneys must skillfully weave a narrative that combines the emotional impact with the legal merits of the case.

Settlement Considerations

In most cases, both parties might choose to settle outside of court rather than proceed to trial. These types of settlements often offer much faster resolutions, which could reduce both the legal costs and emotional strain on the parties involved. However, the decision to settle should be carefully considered, weighing the offered compensation against the potential outcome of a trial.

In the case where there is strong evidence against the defendant, they might push to settle prior to litigation. If the plaintiff believes they are being offered proper compensation for their damages, they might want to avoid the uncertainties of litigation.

Improve Your Chances of Winning a Wrongful Death Case

There are quite a few factors that come into play when handling a wrongful death case. From the strength of the evidence and legal representation to the emotional impact on the jury. It is important to remember that each case is unique, and predicting outcomes with certainty is challenging. Surviving family members should work closely with experienced attorneys to navigate the complexities of the legal system, striving for justice and fair compensation in the wake of their tragic loss.

We understand that dealing with the death of a loved one is difficult. Your attorneys are here to help you throughout the process with the hope of alleviating some strain from your daily life. Give us a call today to learn how our attorneys can help you with your case. You can trust the Mutrux Firm, we’re here to help.

Tyson Mutrux