The chances of winning your lawsuit depend on many factors that will be unique to your case.
Dealing with the sudden loss of a loved one can be an emotionally and financially devastating experience. In some cases, the death may have been caused by the negligence or wrongful act of another person or entity. If you believe this to be the case, you may be considering filing a wrongful death lawsuit.
However, before proceeding with a wrongful death claim, it’s important to understand the legal process involved and the chances of winning such a lawsuit. In this guide, we will provide a comprehensive overview of the factors that can affect your chances of winning a wrongful death lawsuit.
At GJEL Accident attorneys we have 40+ years helping families death with wrongful death lawsuits in California.
The Odds of Winning Your Lawsuit
Keep in mind that the odds for each case are going to vary greatly depending on the facts of the case. Also, past results are not indicative of future outcomes because the details and facts surrounding every case are different. If you’re wondering how to win a wrongful death lawsuit; you should talk to an experienced award winning wrongful death attorney.
Proving Liability in a Wrongful Death Lawsuit
To win a wrongful death lawsuit, you must prove that the death was caused by the negligence, recklessness, or intentional act of another party. This can include individuals, corporations, government agencies, or other entities.
To prove liability, you will need to establish the following elements:
- Duty of care: The defendant had a legal duty to exercise reasonable care to prevent harm to the deceased.
- Breach of duty: The defendant breached that duty of care by acting negligently, recklessly, or intentionally.
- Causation: The defendant’s actions or inactions caused the death of the deceased.
- Damages: The death resulted in damages, such as funeral expenses, medical bills, lost income, and emotional distress.
If you can establish all four elements, you may have a strong case for a wrongful death lawsuit.
Factors That Can Affect Your Chances of Winning a Wrongful Death Lawsuit
While proving liability is a critical component of a wrongful death lawsuit, there are several other factors that can affect your chances of winning. Some of these factors include:
- Statute of limitations: Each state has a statute of limitations for filing a wrongful death lawsuit. If you miss this deadline, you may be barred from pursuing legal action.
- Jurisdiction: The location where the lawsuit is filed can have a significant impact on the outcome. Different states have different laws and legal procedures that can affect your chances of winning.
- Evidence: The strength of your evidence can make or break your case. It’s important to gather as much evidence as possible, including witness statements, medical records, and expert testimony.
- Damages: The amount and type of damages you are seeking can also affect your chances of winning. In general, the more damages you are seeking, the harder it may be to convince a jury to award them.
- Jury selection: The jury that hears your case can also impact the outcome. It’s important to select a jury that is sympathetic to your case and has a favorable view of your client.
- Defendant’s resources: The resources and legal team of the defendant can also play a role in the outcome of the case. If the defendant has deep pockets and a skilled legal team, they may be able to mount a strong defense against your claims.
- Settlement offers: The defendant may make settlement offers at various stages of the legal process. It’s important to carefully consider these offers and weigh them against the potential outcome of a trial.
- Attorney experience: Finally, the experience and skill of your attorney can also affect your chances of winning. It’s important to choose an attorney with a track record of success in wrongful death cases.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim that seeks compensation for the death of a person caused by someone else’s negligence or intentional harm. Wrongful death lawsuits are usually filed by the surviving family members of the deceased.
In a wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence or intentional harm was the direct cause of the victim’s death. They must also demonstrate that the death caused financial or emotional damages to the surviving family members.
Who Can File a Wrongful Death Lawsuit?
The laws regarding who can file a wrongful death lawsuit vary by state. However, in most cases, the surviving spouse, children, or parents of the deceased can file the lawsuit.
In some states, siblings, grandparents, and other relatives may also have the right to file a wrongful death lawsuit. If the deceased did not have any surviving family members, their estate can file the lawsuit.
Learn more about who can file a wrongful death lawsuit in California here.
What Damages Can You Recover in a Wrongful Death Lawsuit?
The damages you can recover in a wrongful death lawsuit depend on various factors, including the victim’s age, income, and earning potential, as well as the circumstances of their death.
Some of the damages that you can recover in a wrongful death lawsuit include:
- Funeral and burial expenses
- Medical expenses related to the victim’s final injury or illness
- Loss of income and financial support
- Loss of the victim’s companionship, love, and guidance
- Pain and suffering
What Factors Affect Your Chances of Winning a Wrongful Death Lawsuit?
Several factors can impact your chances of winning a wrongful death lawsuit, including:
- The strength of the evidence: To win a wrongful death lawsuit, you must provide convincing evidence that the defendant’s negligence or intentional harm caused the victim’s death. The stronger your evidence, the better your chances of winning the case.
- The defendant’s liability: If the defendant can prove that they were not responsible for the victim’s death, or that their actions were justified, your chances of winning the case will be reduced.
- The damages sought: The more significant the damages you are seeking, the more difficult it may be to win your case. This is because the defendant’s legal team will fight harder to reduce the damages awarded.
- The jurisdiction: Different states have different laws and regulations regarding wrongful death lawsuits. Some states may be more favorable to plaintiffs, while others may make it more challenging to win a case.
Need Help? Talk to an Attorney Right Away
If you have lost a loved one due to the negligence or wrongful act of another party in California, GJEL Accident Attorneys is here to help. Our experienced attorneys have a proven track record of success in wrongful death cases and can guide you through the legal process with compassion and expertise.
Contact us today for a free consultation to learn more about your legal options and how we can help you seek justice for your loved one. Don’t wait, call GJEL Accident Attorneys now to schedule your consultation.
We have recovered over $950 million dollars for clients. View our wrongful death case settlements and verdicts here.
Q: What type of lawyer helps wrongful death cases?
A: Personal injury attorneys help with wrongful death cases.
Talk to Attorneys with a 99% Success Rate
The Wrongful Death firm GJEL Accident Attorneys is proud of our track record. We have a 99% success rate helping families who have suffered the loss of a loved one through the negligence of others.
If you need to speak to an attorney call or stop by one of our offices for a free, no obligation case review. We will also come and visit you at your home or the hospital.
Local Wrongful Death Attorneys Near You
Here are some of our office locations throughout Northern California.