Chances of Winning a Wrongful Death Suit

No one expects to need to file a wrongful death suit but when it happens, we all like to do so knowing there is some chance of winning and receiving compensation for our loss. Each case is unique from the other and separate circumstances lead to different outcomes. While it is subjective, we try to cover the factors that go into winning each case to help you better understand your odds of winning a wrongful death suit.

Elements of a Case

There are several elements that need to be proven by the attorney in order to be successful in winning a case.

In some places, these include duty, breach, causation, and damages. What this means is that your lawyer needs to show there was a duty of care between the defendant and the wrongful death victim, that the established duty was breached, the breach is what caused the death of the victim, and that the surviving members are suffering a loss as a result of the death.

Other places are more simplified but follow similar basic guidelines. For example, there needs to be proof of death, evidence that the death was a result of negligence of the defendant, and proof that surviving family members are suffering losses as a result of the wrongful death.

Damages in these cases can include things such as funeral costs, medical expenses, loss of income or support, counseling, or even pain and suffering of the deceased prior to their death.

Winning a Wrongful Death Case

To have the best chances of winning, your first important task is to find a lawyer and get a professional opinion on the case. A lawyer who is experienced with these types of lawsuits can assess the details and create a compelling argument that will get you the best result possible for you and your family.

Your attorney will help you conduct a full and thorough investigation of the case, value your compensation and secure a settlement for you whether through negotiations with the insurance company or by convincing a jury during court proceedings.

Under Florida law, your family may be eligible to collect economic and non-economic damages if you’ve suffered the loss of a family member through negligence. Our experienced lawyers can help you protect your rights and guide your family through this difficult time. Have questions on a personal injury case related to a wrongful death? Contact Erjavec Injury Law today at 941-907-1133 for a free lawsuit consultation with our personal injury lawyers.