The chances of winning a wrongful death suit vary from one case to the next. Each wrongful death case presents a unique set of variables, including:
- The defendant
- The actions or failures that led to the wrongful death
- The exact details of the decedent’s death
- Whether any factors aside from the defendant’s negligence contributed to the death
- The amount of compensation the plaintiffs are seeking
- The willingness of defendants to settle the lawsuit fairly
- The strength of evidence in the plaintiffs’ favor
While a lawyer mayassess your case, they may not be comfortable providing a specific chance of victory. However, if a lawyer accepts your wrongful death case, it indicates that they believe they can win.
What Does It Mean to “Win” a Wrongful Death Suit?
An attorney may “win” a wrongful death lawsuit if they either:
- Secure the compensation the plaintiff deserves through a settlement
- Win a verdict covering the plaintiff’s losses at trial
If the surviving victims of a wrongful death get the compensation they deserve, the attorney has won the suit.
Recoverable Losses in Wrongful Death Cases
Though the details of each wrongful death case vary, recoverable damages can overlap. If you have lost a loved one under wrongful circumstances, your recoverable losses may include:
- Pain and suffering: This refers to the emotional anguish, physical pain, grief, and other non-economic damages related to a wrongful death. You may receive compensation not only for your pain and suffering, but also the pain and suffering the decedent experienced before passing away.
- Loss of consortium: You may get a financial recovery for the loss of companionship, support, and guidance that the decedent provided. Loss of consortium generally applies to a spouse or significant other who loses their partner.
- Loss of other non-economic benefits: Wrongful death beneficiaries may get compensation for the non-economic value that their parent, child, or other loved one provided before passing away.
- Lost financial support: The loss of the decedent’s financial support, such as income, health insurance, investments, or other financial protection, is generally included in wrongful death cases.
- Loss of household value: If the decedent completed chores, handiwork, or other household services, we will consider the value of those services.
- Funeral expenses: We generally seek compensation to cover the decedent’s funeral and burial.
Cornell Law explains that most jurisdictions in the United States award wrongful death victims compensation for their pain and suffering. As attorneys who handle wrongful death cases, we know that you likely have other losses in addition to your pain and suffering.
A wrongful death lawyer from our firm will seek compensation for every damage a wrongful death has caused.
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How a Lawyer Can Help with Your Wrongful Death Case
Our wrongful death clients often look to us for strength in a very difficult time. We handle the entire legal process for them, which allows each client to focus on their grief and spend time with their loved ones.
We will handle every step of your wrongful death case, including:
- Determination of liability: We will determine who is liable for your loved one’s passing. Multiple parties may be liable. We will calculate how much compensation each party owes you and seek that compensation for you.
- Collection of evidence: We will seek out any evidence that supports your wrongful death suit. Video footage, photographs, and expert testimony may be among the evidence we use.
- Documentation of damages: Attorney Andrew Pickett may use medical records, expert accounts, proof of the decedent’s past earnings, and other documentation to prove your damages.
- Settlement negotiations: We seek fair settlements for our clients, negotiating tirelessly with liable parties and their representatives. Our legal opponents know that we are willing to go to trial, as our case results show. However, we will seek the settlement you are entitled to before going to trial.
- Trial, if we need to take your case to court: We have secured verdicts for many wrongful death claimants and may do the same for you. When the client’s case requires us to go to trial, we’ll follow it through to the end.
Our team also handles the day-to-day responsibilities of each wrongful death suit. We will complete paperwork, make phone calls, coordinate with defendants’ attorneys, and do everything else your case requires.
How to Prove Liability in a Wrongful Death Suit
We will aim to prove that negligence led to your loved one’s wrongful death. Wrongful death case defendants generally owed the decedents a duty of care. This duty of care requires someone to act reasonably, and failure to act reasonably may qualify as negligence.
We will document any unreasonable behavior that led to your loved one’s passing. By doing this, we may prove negligence and therefore prove the defendants’ liability for your losses.
Call Andrew Pickett Law, PLLC Today for Your Free Consultation
Do not wait to call our team. Florida Statutes § 95.11(4)(d) generally allows us only two years to file your wrongful death case. We want to ensure we file your case on time, so reach out to our team as soon as you can.
Call Andrew Pickett Law, PLLC today for your free consultation.
Need free legal help in Florida?
We specialize in personal injury claims.
