Losing someone can be a stressful and terrifying experience, especially if that person leaves the world forever due to an unfortunate event such due to recklessness, negligence, or intentional action done by someone else. As a family member, you must want to seek justice through a civil wrongful death action. However, you want to know the chances of winning such a case. Make sure to read the rest of the post for details.
Definition of a Wrongful Death Lawsuit
A wrongful death lawsuit is the name of the lawsuit that is filed against a party who has caused the death of someone due to their wrongdoings. It is usually filed by surviving family members or representatives of the dead who want to seek justice and compensation for the losses and damages due to the death of their family member. Aside from that, another reason is to prevent the other people from getting the same fate as their loved one.
Chances of Winning a Wrongful Death Lawsuit
For those who are wondering the chances of winning a wrongful death lawsuit, the answer varies depending on the facts of the case. It should be noted that there is no guarantee that a case gets a great result even though the similar cases in the past got best results. The reason is because every case has different details and facts. For more information about the odds of winning this kind of lawsuit, go discuss it with a lawyer who specializes in this case.
Factors that Affect the Chances of Winning a Wrongful Death Lawsuit
There are many factors that influence the chances of winning a wrongful death lawsuit, such as:
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Evidence
The stronger the evidence you have the higher the chance of you winning a wrongful death lawsuit. The best evidence is the one that is clear and compelling. The types of evidence that can be included are medical records, opinions from experts, testimony from witnesses, and other documentation that support your claims.
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Action of the defendant
The next thing that affects the chance of you winning a wrongful death lawsuit is the defendant’s actions. If the accident happened due to gross negligence, intentional acts, or extreme recklessness, there is a high chance of the case to be won by the plaintiff.
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The liability of the defendant
The chances of winning can be reduced if the defendant is able to prove that the death of your loved one was not their responsibility. Apart from that, it can also be reduced if they can prove that their actions were justified.
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Statutes of limitations
There is a statute of limitations for filing a wrongful death lawsuit in every state. It means it may be different from one state to another. If the deadline has passed, there is no way for you to pursue legal action.
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Jurisdiction
Every state has its own laws and procedures regarding wrongful death and it may be different compared to the other states. Some of them tend to benefit plaintiffs while some others may be favorable for defendants. In order to access the chance of winning the case, make sure to learn about the certain laws and regulations regarding wrongful death claims in the relevant jurisdiction.
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Jury selection
It has been known that the result of the case can be influenced by the jury that hears the case. That’s why it is recommended to choose the one that is sympathetic to you and your case.
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Damages
It would be hard for you to win the case if you are seeking significant damages. The reason is because the lawyer will have to work harder to fight for what you are seeking for.
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Legal representation
The capability of the lawyer plays a big part in winning a wrongful death lawsuit. If you hire a capable lawyer who has a lot of experiences, especially experiences in this or similar case, the chances of winning the case will be higher. By having them on their side, you can breathe for a while because it is guaranteed that they have several abilities, such as identifying the strengths and weaknesses, navigating the legal complexities, and presenting a strong argument in court.
Tips to Increase the Chances of Winning a Wrongful Death Lawsuit
For anyone who wants to increase the chances of winning a wrongful death lawsuit, make sure to follow the following tips:
1. Collect strong evidence
If you and your legal team manage to show strong evidence, winning a wrongful death lawsuit is not just a dream. The types of evidence that can be used include testimony from witnesses, testimony from experts, relevant records, and pictures or proof from the accident scene.
2. Hire the right lawyer
The best lawyer to fight for a wrongful death lawsuit is the one that is skilled and experienced. Make sure to find such a legal professional if you want to win the case. Keep in mind that your chances of winning will be higher if you hire the one that specializes in this field and who has a good record.
3. Learn about the statute of limitations
As mentioned before, every state has its own statute of limitations regarding wrongful death lawsuits. It means there is a deadline for their family member or representative to file a lawsuit for such a case. If you are a family member of a deceased one, do not miss the chance to seek compensation by finding out about the time limit and ensuring that you file it in the right time frame.
4. Find settlement options
Instead of going to trial, a lot of cases that involved wrongful death are ended with settlements. This way is actually better for the surviving family members because they do not have to go through a long process. Besides, it also does not drain their emotions. While it may be beneficial, their lawyer has to work harder so that their client can be able to get the fair settlement they deserve.
Bottom Line
In conclusion, the chances of winning a wrongful death lawsuit may vary, depending on a few factors such as evidence, action of the defendant, the liability of the defendant, statute of limitations, jurisdiction, jury selection, damages, legal representation, and so on. Make sure to work on these things if you want to increase the chances of winning the case.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
