Losing a loved one is among the most painful experiences a person can go through. The grief and emotional turmoil can feel overwhelming, especially when the death was caused by someone else’s negligence or wrongdoing. When a person dies due to another party’s actions or inactions, whether through a car accident, as a result of a defective product or nursing home neglect, or another form of negligence, the surviving family members may have the right to file a wrongful death lawsuit.
A wrongful death suit is a civil legal action that allows close relatives (such as spouses, children, parents, or siblings) to seek compensation for the family’s loss. This compensation may cover funeral expenses, medical bills, lost income and earning power, and pain and suffering. However, winning a wrongful death case is not always straightforward. The chances of winning a wrongful death suit depend on various legal and factual factors.
As an experienced wrongful death attorney in Hamilton, Ohio, Rhys Richards has helped families across the Greater Cincinnati area navigate situations of wrongful death. Today, we will share professional guidance from his experience on how you can improve your chances of winning a wrongful death suit.
What are the Chances of Winning a Wrongful Death Suit?
Unfortunately, it’s difficult to nail down the chances of winning a wrongful death suit other than on a case by case basis. The circumstances of the death can greatly impact the odds. Wrongful death falls under tort law, which also covers general accidents, injuries, and damages. In tort cases, including those that result in death, past studies show the plaintiff (the person filing the lawsuit) winning over 60% of the time.
In cases of wrongful death caused by medical malpractice or product liability, however, the odds of winning can be much lower.
Ultimately, there are no guarantees when it comes to wrongful death claims. However, certain factors can significantly impact the likelihood of a favorable outcome.
Wrongful death cases are often more successful when there is clear and compelling evidence of negligence. If the plaintiff can demonstrate that the defendant (the accused party) acted negligently and that their actions directly caused the death, the case becomes much stronger.
That said, wrongful death claims can be highly contested. Defendants often fight aggressively to minimize liability. In order to win a wrongful death case, you need to be thoroughly prepared.
What Factors Into a Wrongful Death Suit?
Winning a wrongful death lawsuit requires more than just proving that a tragic loss occurred. The party bringing the case must demonstrate that another party was legally responsible for the death. Courts do not award compensation based on sympathy alone. Instead, they require evidence of negligence, liability, and economic and noneconomic damages suffered by surviving family members.
Each case is unique, and the chances of winning a wrongful death suit depend on various legal and factual elements. The following are some of the most crucial factors that determine the likelihood of success in a wrongful death case:
Establishment of Negligence
To succeed in a wrongful death lawsuit, you must prove negligence. This involves demonstrating the following four elements:
- Duty of Care – The defendant had a legal obligation to act a particular way towards the deceased.
- Breach of Duty – The defendant failed to uphold that duty.
- Causation – The breach of duty directly caused the person’s death.
- Damages – The surviving family members suffered losses as a result.
For example, in a wrongful death case arising from a car crash, the plaintiff must prove that the at-fault driver failed to meet the standard level of care while driving his or her vehicle resulting in the death.
Evidence and Documentation
Strong evidence is crucial for winning a wrongful death suit. This may include:
- Police or other incident reports
- Medical records
- Eyewitness testimonies
- Surveillance footage
- Expert witness statements (e.g., accident reconstruction specialists and medical experts)
The more concrete and irrefutable the evidence, the better the chances of winning a wrongful death suit.
Defendant’s Resources and Legal Defense
Large corporations and insurance companies have vast financial resources to fight wrongful death claims. They may dispute liability, argue negligence, or even try to settle for a lower amount. Having an experienced wrongful death attorney can help counter these tactics.
State Laws and Statutes of Limitations
Each state has different laws governing wrongful death claims, including who can file the lawsuit and how long they have to file. In Ohio, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death. Missing this deadline can result in the case being dismissed. You should hire an attorney as soon as possible to help you assess that deadline.
Settlement vs. Trial
Like other personal injury matters, most wrongful death cases settle, though cases may require litigation. Settlement negotiations can be complex, but they often result in quicker compensation for grieving families. However, if an acceptable settlement isn’t offered, the case may proceed to trial, where a judge or jury will determine the outcome.
How to Prepare for a Wrongful Death Suit
Filing a wrongful death lawsuit is a significant step toward seeking justice for a loved one’s untimely passing. However, winning a wrongful death suit requires thorough preparation.
From gathering evidence to working with an attorney, every step taken in advance strengthens the likelihood of a favorable outcome. Families must be ready to prove negligence, demonstrate financial and emotional losses, and navigate potential challenges from the opposing party. Additionally, understanding the potential defenses the opposing side may use can help prevent costly surprises during settlement negotiations or trial.
Because wrongful death lawsuits often involve powerful defendants such as insurance companies, hospitals, corporations, or negligent individuals with legal representation, surviving family members must be proactive in building a strong case.
Here is how you can best prepare:
1. Gather Evidence Immediately
Start collecting documentation related to the case. This includes physical evidence relative to the incident giving rise to the claim, medical records, accident or other incident reports, financial records (to show lost wages), and any communication with insurance companies. The stronger the evidence, the higher your chances of winning a wrongful death suit.
2. Avoid Speaking with Insurance Adjusters Alone
Insurance companies often try to undercut settlements or deny claims. They may pressure you into accepting a lowball offer. Having a wrongful death attorney handle communications ensures that you don’t settle for less than you deserve.
3. Identify the Right Defendants
In some cases, there may be multiple parties responsible for the wrongful death. For instance:
- A negligent driver and their employer (if they were on the job)
- A manufacturer and distributor in a defective product case
- A property owner and any other parties working on the property who cause a dangerous condition.
Identifying all liable parties can maximize the compensation you receive.
4. Work with Expert Witnesses
Expert testimony can significantly strengthen your case. Medical professionals, accident reconstruction specialists, or financial analysts can provide crucial insights that prove negligence and damages.
5. Hire an Experienced Wrongful Death Attorney
Navigating a wrongful death claim alone is challenging. An attorney can guide you through the legal process, negotiate with insurance companies, and take the case to trial if necessary.
How a Wrongful Death Attorney Improves Your Chances
Having an experienced attorney on your side can significantly increase your chances of winning a wrongful death suit. A wrongful death lawyer not only understands the legal intricacies of these cases but also knows how to anticipate and counter the defense strategies used by insurance companies and at-fault parties.
Without proper legal guidance, families risk losing their case due to missed deadlines, insufficient or unpreserved evidence, or aggressive defense tactics designed to minimize or deny compensation.
Here’s why it’s so critical to choose the right attorney.
Building a Strong Case
One of the most critical roles of a wrongful death attorney is to build a compelling case by gathering and analyzing evidence. The burden of proof is on the plaintiff, meaning you and your legal team must demonstrate that the defendant’s negligence or wrongful actions directly caused your loved one’s death. An experienced attorney will:
- Collect physical evidence, accident or other incident reports, medical records, and expert opinions to establish negligence and causation.
- Obtain eyewitness statements to support the facts of the case.
- Work with accident reconstruction specialists or forensic experts to demonstrate how the death occurred.
A skilled attorney ensures that no key details are overlooked, strengthening the chances of winning a wrongful death suit.
Handling Legal Procedures
Courts have strict rules about how lawsuits must be filed, what evidence can be presented, and when critical documents must be submitted. Wrongful death cases can be lost due to technical errors—missing paperwork, incorrect legal filings, or failing to adhere to deadlines. Other missteps can undercut the value of wrongful death claims.
A wrongful death attorney ensures that all necessary steps are taken, including, but not limited to:
- Ensuring that surviving family members meet eligibility criteria to properly open an Estate and file any lawsuit.
- Filing the lawsuit before the statute of limitations expires (in Ohio, this is typically two years from the date of death).
- Handling court motions, depositions, onsite investigations, and the submission of evidence in accordance with state and individual court rules.
Negotiating Settlements
Most wrongful death lawsuits do not go to trial. Instead, they are settled through negotiations with insurance companies or at-fault parties. However, insurance adjusters are trained to minimize payouts and will often make lowball settlement offers in the hope that grieving families will accept less than they deserve.
An experienced wrongful death attorney knows how to:
- Assess the true value of your claim by considering all prospective evidence of your damages.
- Negotiate aggressively with insurance companies and opposing counsel to secure a fair outcome.
- Reject unfair offers and prepare for trial if necessary, ensuring that families are not pressured into accepting inadequate compensation.
Representing You in Court
If settlement negotiations fail, a wrongful death lawsuit may proceed to trial. Litigation for a wrongful death suit requires a deep understanding of courtroom procedures, legal precedents, and persuasive argumentation. A wrongful death attorney will:
- Present compelling evidence and expert testimony to prove negligence and damages.
- Cross-examine witnesses and challenge the defense’s claims, ensuring that false or misleading arguments do not weaken your case.
- Persuade a judge or jury by clearly explaining the impact of the wrongful death on your family’s emotional and financial well-being.
Judges and juries expect well-structured arguments backed by strong evidence, which a legal professional is best equipped to provide.
The Richards Firm Is Here for You
At The Richards Firm, we understand the emotional and financial toll of losing a loved one. That’s why we treat each client as an individual with unique needs and goals, rather than another case number to file away as quickly as possible. We were born and raised in the area our firm serves. Our goal is to help make the legal system more accessible to those in our community and beyond.
While we do not cover deaths caused by medical malpractice, we are well equipped to handle cases were death is caused by vehicle accidents, product malfunctions, premises neglect, and general oversight.
We fight aggressively to ensure that families receive the justice and compensation they deserve. Though we can’t guarantee the outcome, we can help improve your chances of winning a wrongful death suit. If you are considering filing a wrongful death lawsuit, contact us for a free consultation. We will happily meet with you wherever is most convenient, whether that’s at your home, at our office, or someone in between.
We will review your case, explain your options, and help you take the next steps toward justice. While we can never undo the pain caused by a wrongful death, we can help you and your family move forward with your life.
We can be reached at 513-461-0084 or by visiting our contact page here.