What Are the Chances of Winning a Wrongful Death Suit?

When a loved one dies because of another person's actions, the surviving family may consider filing a wrongful death suit. When this happens, and they work with an experienced wrongful death lawyer, it's possible to win a wrongful death settlement, which will help to ease the financial burden of losing their loved one. One of the most common questions about this, though, is: "What are the chances of winning a wrongful death suit?"

Unfortunately, there is not a reliable percentage that can predict whether or not a particular wrongful death case will have a successful outcome. Each case is treated differently, and the facts and evidence are different.

In Iowa, the evidence presented must establish liability in order for a wrongful death lawsuit to be won. The best way to have the highest chances of winning a wrongful death suit is to work with an experienced wrongful death attorney and make sure you have strong evidence available. They can also explain how long do slip and fall settlements take.

What Makes a Wrongful Death Case a Strong Case?

Evidence showing negligence is the most important factor in a wrongful death suit. A wrongful death claim can come from a car accident, medical negligence, dangerous property conditions, and a number of other incidents that involve being negligent or wrong.

The stronger the evidence available, the stronger the claim may be.

People have a legal obligation to keep their property safe for others and to not participate in negligent behavior. If they disregard this, and another person is killed, the case can go through the legal system, supported by evidence, and it's possible that the family or estate of the deceased will receive compensation.

Proving Negligence in a Wrongful Death Case

Many wrongful death suits are based on negligence, and a wrongful death lawsuit requires strong evidence of negligence. Experienced wrongful death attorneys in Des Moines IA will often be able to prove negligence in a wrongful death case, but they need a lot of evidence to show the responsible party was negligent.

For example, if a person was killed in a car accident, and there is evidence that the driver was speeding, distracted, impaired, or driving in a negligent manner, the family's legal representation can use that to support the claim.

Without the ability to prove negligence, however, the other side may dispute their responsibility and argue that they did nothing wrong, that the victim, themselves, caused the accident, or that the victim's death was caused by something else.

When disputes like this come up, it can be difficult to prove without evidence.

Evidence is One of the Key Factors to Settling the Case

Evidence, as mentioned, is extremely important in these cases. In fact, a wrongful death suit depends on strong evidence. In most wrongful death claims, the defendant and their legal team will do all they can to show that they were not responsible for the fatal injury. However, as with most personal injury cases, a good personal injury attorney will also work extremely hard to ensure the family of the victim has the best possible chances of winning a wrongful death suit.

Some of the evidence that personal injury lawsuits like this rely on include accident reports, witness statements, records associated with the incident, photographs and video, and even expert testimony.

Medical records can be important in the legal process when the death followed an injury or medical event. Financial and employment records may also help establish the income and support the family lost.

What If the Other Side Disputes Responsibility?

A wrongful death case can become more complicated when the defendant or an insurance company denies responsibility.

The other side may argue that the deceased person contributed to the accident or that another party was responsible. Iowa's comparative fault rules can affect the amount of damages recovered when multiple parties contributed to an injury or death.

A dispute over fault does not necessarily mean a wrongful death claim cannot succeed, but it may require additional evidence to establish responsibility.

What Damages Can Be Recovered?

A wrongful death claim also depends on whether the surviving family members or estate have legally compensable damages.

Iowa law addresses damages following a wrongful death and distinguishes between damages belonging to the deceased person's estate and damages for loss of the deceased person's services and support. Current Iowa law provides for allocation of damages for loss of services and support among qualifying family members based on their respective losses.

Depending on the circumstances, compensation may relate to medical expenses, funeral expenses, lost financial support, and other losses recognized by Iowa law.

Does a Settlement Mean You Didn't Have a Strong Case?

No. A wrongful death case does not have to go to trial to be successful.

Many personal injury claims are resolved through settlement negotiations, allowing a family to pursue compensation without the uncertainty and additional time associated with a trial.

However, a family should not feel pressured to accept an offer simply because the insurance company wants to resolve the claim. Before accepting a settlement, it is important to understand what losses are being compensated and whether the offer fairly reflects the circumstances.

If the parties cannot reach an acceptable agreement, filing a lawsuit may be necessary.

How Long Does a Wrongful Death Case Take?

There is no standard timeline for a wrongful death claim. Some cases may resolve through negotiations, while others require litigation.

Cases involving disputed liability, multiple parties, extensive damages, or expert testimony can take longer to resolve.

Although families may understandably want a case resolved quickly, accepting a settlement before the full extent of the losses is understood may not be in their best interests.

When Should You Contact an Experienced Wrongful Death Lawyer?

If you believe another person's negligence or wrongful conduct caused your loved one's death, consider speaking with a wrongful death attorney as soon as possible. They can assiat with how to report nursing home abuse as well.

Important evidence may need to be preserved, witnesses may need to be located, and records may need to be obtained. Legal deadlines can also apply to wrongful death claims.

Iowa law provides rules concerning actions that survive a person's death and the legal representatives who may bring or continue certain claims. The deadline for a particular wrongful death action can depend on the circumstances, so it is important not to assume you have unlimited time.

Reach Out to Tom Fowler Law for a Free Consultation

There is no simple way to calculate the chances of winning a wrongful death lawsuit. The strength of a case depends on the evidence, the circumstances surrounding the death, the law that applies, and the ability to establish responsibility and damages.

If you have lost a loved one because of another person's negligence or wrongful conduct, you do not have to determine the strength of your case alone.

Tom Fowler Law can review the circumstances surrounding your loved one's death, explain your legal options, and help you understand what may be involved in pursuing a wrongful death claim in Iowa. Contact Tom Fowler Law to discuss your situation and learn about your next steps.