What Are the Odds of Winning a Wrongful Death Lawsuit?
By Chris Dixon
The death of a family member is often devastating, and while no amount of compensation can repay you for such a tremendous loss, recovering compensation can alleviate the financial burden of losing a loved one. While not all wrongful death lawsuits are eligible to recover compensation, with a valid wrongful death claim and an experienced lawyer by your side, the odds of winning a wrongful death lawsuit increase and could lean in your favor.
Elements of a Wrongful Death Lawsuit
In order for a victim’s immediate family members to file a wrongful death lawsuit, the following elements have to be supplied:
- Proof of death
- Evidence of the other party’s negligence
- Proof that surviving family members have suffered a loss of income or other losses that resulted from the victim’s death
- In medical malpractice claims, there must be evidence of a doctor-patient relationship
Generally, a wrongful death lawsuit is filed by a victim’s spouse, children, or parents, but in some states, a victim’s grandparents or siblings are eligible to file a suit for the wrongful death of a family member. If you are unsure whether you are eligible to file a wrongful death lawsuit for the death of an immediate family member, each state has a wrongful death statute that states what parties are eligible to file a wrongful death claim on behalf of a victim and the requirements for a wrongful death lawsuit to be considered valid.
How Can I Win a Wrongful Death Lawsuit?
The circumstances surrounding every wrongful death lawsuit are vastly different. While one suit might be directed at a single party and involve one act of negligence, another lawsuit could involve more than one negligent party and multiple acts of negligence. For a wrongful death lawsuit to have the best odds of winning, it’s crucial to consult a lawyer and get a professional opinion on the best way to proceed with the victim’s case. An experienced lawyer can assess the situation, determine if you can file a wrongful death lawsuit on behalf of the victim, and present a compelling claim against the negligent party to recover compensation. If the negligent party’s insurance company offers a settlement for your wrongful death claim, an experienced lawyer has the ability to negotiate for the highest settlement for the victim’s damages, and after lengthy negotiation, if an acceptable settlement isn’t retrieved, they can recommend settling or fighting against the negligent party in court.
What Damages Can I Recover By Winning a Wrongful Death Lawsuit?
If a person wrongfully dies because of another person’s negligence, the victim’s surviving family members are entitled to file a wrongful death lawsuit to recover compensation for the family’s harm and losses that resulted from the victim’s death. Generally, the type of damages that can be retrieved by winning a wrongful death lawsuit include:
- Medical expenses
- Pain and suffering
- Lost wages
- Property damage
- Reimbursement for funeral and burial expenses
Wrongful death lawsuits are generally accompanied by a demand letter. A demand letter is a legal document that states what damages the person is seeking, the amount of compensation they’d like to recover, and includes supporting evidence that proves why they are eligible to recover said damages. A compelling demand letter is an often overlooked tool when filing a wrongful death lawsuit, but a well-written demand letter can increase the odds of winning a wrongful death lawsuit, especially when accompanied by representation from an experienced wrongful death lawyer.
How Can a Lawyer Increase My Odds of Winning a Wrongful Death Lawsuit?
If you have lost a family member because of another person’s carelessness and are interested in filing a wrongful death claim against the negligent party, hiring an experienced lawyer to represent your case can increase the odds of recovering damages and winning your wrongful death lawsuit. If you need a lawyer to help you file a wrongful death lawsuit against the person responsible for your family member’s death, contact the Dixon Injury Firm today to discuss your case with our Wrongful Death Lawyers and get a professional opinion on the odds of winning your wrongful death lawsuit.