Chances of Winning a Wrongful Death Suit

By Farid Novian | Feb 26, 2025 | Catastrophic Injury

A wrongful death lawsuit allows surviving family members to seek compensation when a loved one’s death results from someone else’s negligence or misconduct. These cases often stem from car accidents, medical malpractice, workplace incidents, or defective products.

The success rates of these lawsuits vary by case type and jurisdiction. To improve your chances of winning a wrongful death lawsuit, gather strong evidence, file your claim within your state’s statute of limitations, and work with an experienced attorney.

Wrongful death cases are complex, and having the right legal team can make all the difference. At Novian & Novian, we have over 35 years of experience specializing in catastrophic injuries and wrongful death claims in California. Our goal is to help families secure the compensation they deserve. Schedule a free initial consultation with us today!  

This blog will delve into wrongful death lawsuits and how to win a case. It will also discuss factors that can impact your chances of winning a wrongful death lawsuit.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim filed by the surviving family members of a person who has died due to the negligence, recklessness, or intentional actions of another party. The purpose of such a lawsuit is to seek financial compensation for the losses suffered by the deceased’s loved ones, including medical expenses, funeral costs, lost income, and emotional suffering. 

Wrongful death claims fall under personal injury law and are based on the legal principle that if the deceased had survived, they would have had the right to file a personal injury lawsuit themselves. In such cases, the right to seek justice passes to their surviving relatives.

Wrongful death claims arise from a variety of situations where negligence or misconduct leads to a fatal outcome. One of the most common causes is medical malpractice, where errors such as surgical mistakes, misdiagnoses, or improper treatment result in a patient’s death. Car accidents are another leading cause, especially when reckless driving, drunk driving, or distracted driving is involved. 

Workplace accidents, particularly in high-risk industries like construction and manufacturing, can also lead to wrongful death claims if an employer fails to provide a safe working environment. Other causes include defective products, criminal acts such as assault or homicide, and dangerous property conditions that lead to fatal accidents.

The right to file a wrongful death lawsuit varies by state, but in most cases, immediate family members such as spouses, children, and parents of the deceased have the primary right to seek compensation. In some states, domestic partners, legal dependents, and extended family members may also have legal standing. If there are no immediate family members, some jurisdictions allow the deceased’s estate representative to file the claim on behalf of the beneficiaries. The goal of these laws is to ensure that those who were financially and emotionally dependent on the deceased have the opportunity to recover damages for their loss.

What Are the Odds of Winning a Wrongful Death Lawsuit?

Statistics indicate that wrongful death cases involving clear-cut liability, such as drunk driving accidents or medical errors with documented negligence, have a higher likelihood of resulting in favorable outcomes for plaintiffs. In contrast, cases that rely heavily on expert testimony or have disputed liability can be more challenging to win in court. 

A study published in the Journal of Empirical Legal Studies found that between 80% and 90% of medical malpractice claims rated as defensible are dropped or dismissed without payment due to the difficulty in proving medical negligence. This suggests that a significant portion of claims do not proceed to trial or result in settlement payments.

Settlements play a crucial role in the outcome of wrongful death cases. Many defendants, especially insurance companies and large corporations, prefer to settle rather than risk a costly trial with an uncertain verdict. The amount of a settlement depends on various factors, including the deceased’s earning potential, medical and funeral costs, pain and suffering, and the emotional impact on the surviving family members. Because settlements often result in faster compensation for the victims’ families, they are generally seen as a successful resolution, even if they do not always reflect the maximum possible award that might be granted at trial.

Whether a wrongful death lawsuit is settled or goes to trial depends on the strength of the plaintiff’s case and the defendant’s willingness to negotiate. Cases with overwhelming evidence of negligence are more likely to result in higher settlement offers, as the defendant may want to avoid the risk of losing in court. On the other hand, if liability is unclear or disputed, the defendant may choose to go to trial, forcing the plaintiff to prove their case before a jury. Additionally, factors such as the financial resources of the defendant, the complexity of the case, and public perception can all influence whether a case is settled or litigated.

Settling a wrongful death lawsuit typically ensures that the victim’s family receives compensation without the emotional and financial strain of a prolonged court battle. However, some families choose to proceed to trial in pursuit of higher compensation or a sense of justice that a jury verdict can provide. In cases where a trial is successful, the awarded damages may significantly exceed settlement offers, particularly if the jury is convinced of the defendant’s gross negligence or misconduct. That said, trials come with risks, including the possibility of receiving nothing if the court rules in favor of the defendant.

The likelihood of winning a wrongful death lawsuit depends on several factors, including the strength of the evidence, the expertise of legal representation, and the willingness of the defendant to settle. Generally, most wrongful death cases are resolved through settlements rather than going to trial. This is because settlements allow both parties to avoid the uncertainty, time, and expense associated with court proceedings. However, when wrongful death lawsuits do go to trial, the chances of winning depend heavily on proving negligence beyond a preponderance of the evidence, which means showing that it is more likely than not that the defendant’s actions caused the death.

5 Factors That Impact Your Chances of Winning

A wrongful death lawsuit allows surviving family members to seek compensation for the loss of a loved one due to someone else’s negligence. Winning a wrongful death claim depends on several factors, including the strength of the evidence, the ability to prove negligence, the defendant’s defense strategy, state laws, and the expertise of a wrongful death attorney.

Evidence Quality and Availability

The strength of the evidence is one of the most important factors in determining the outcome of a wrongful death lawsuit. Evidence such as witness statements, medical records, accident reports, and expert testimony plays a key role in proving negligence and the defendant’s liability. Photographic evidence from the fatal accident scene, police reports, and documentation of medical expenses or funeral costs can all support a wrongful death claim. In medical malpractice cases, expert opinions from healthcare professionals are often necessary to demonstrate how the defendant breached their duty of care, leading to the victim’s death.

Gathering and preserving evidence as early as possible is essential, as failing to do so can weaken a wrongful death case. Witnesses’ memories may fade, physical evidence can be lost, and crucial documentation may become harder to obtain. If evidence is not properly collected, it becomes difficult to prove negligence, making it harder to seek justice and recover compensation for a loved one’s death. A wrongful death attorney can help surviving family members gather the necessary evidence to strengthen their case and improve their chances of winning a wrongful death lawsuit.

Negligence and Defendant’s Fault: Proving Liability

To win a wrongful death suit, the plaintiff must prove that the defendant owed a duty of care to the deceased, that the defendant breached this duty, and that the breach directly caused the fatal incident. In legal terms, this means establishing the four elements of negligence: duty of care, breach of duty, causation, and damages. In many wrongful death cases, this involves showing that the defendant’s actions, such as failing to follow traffic laws in a fatal crash or neglecting safety regulations in a workplace accident, directly led to the victim’s death.

For example, in a car accident case, proving negligence may require showing that the defendant was speeding or driving under the influence, thereby breaching their duty to exercise reasonable care on the road. In a medical malpractice case, proving negligence may involve demonstrating that a doctor’s failure to diagnose a condition or administer proper treatment resulted in the victim’s death. 

Because the burden of proof falls on the plaintiff, it is essential to present clear, compelling evidence that the defendant’s negligence caused the wrongful death. A legal team with experience in wrongful death cases can help build a strong case and improve the chances of winning.

Defendant’s Defense Strategy

Defendants in wrongful death lawsuits often use various legal strategies to avoid liability. Some of the most common defenses include arguing that they were not negligent, that the deceased assumed the risk of the activity that led to their death, or that the fatal injuries were caused by pre-existing conditions rather than the defendant’s actions.

For example, in a medical malpractice wrongful death case, a doctor may argue that the patient’s death was due to an underlying illness rather than a wrongful act on their part. In a workplace accident case, an employer may claim that the deceased knowingly took a risk by engaging in a dangerous task. Defendants may also dispute the amount of damages claimed by the surviving family members, arguing that future financial support or non-economic damages, such as emotional distress, should be reduced.

State Laws & Statutes of Limitations

Wrongful death laws vary by state, which can impact the chances of winning a wrongful death suit. Each state has its own wrongful death statute that outlines who can file a wrongful death claim and the damages that can be recovered. For instance, in California, only specific family members, such as a spouse, children, or legal dependents, can file a wrongful death lawsuit. Other states may have different eligibility requirements for surviving family members seeking compensation.

The statute of limitations is another critical factor in wrongful death cases. In most states, there is a strict time limit for filing a wrongful death lawsuit. In California, for example, the statute of limitations is typically two years from the date of the victim’s death. If a wrongful death claim is not filed within this period, the court may dismiss the case, leaving surviving family members without legal recourse. Certain exceptions may apply in cases involving medical malpractice or government entities, but these claims often have shorter deadlines.

Because missing the deadline can prevent families from seeking justice, it is essential to act quickly. Consulting a wrongful death lawyer as soon as possible ensures that all necessary legal steps are taken within the required time frame. A legal team familiar with wrongful death statutes can provide guidance on the legal process and help plaintiffs avoid costly mistakes that could jeopardize their case.

The Experience and Expertise of a Wrongful Death Attorney

Having an experienced wrongful death attorney is one of the most significant factors in winning a wrongful death lawsuit. Legal representation can make a substantial difference in proving negligence, gathering strong evidence, and negotiating with the defendant’s insurance company. Wrongful death cases often involve complex legal and procedural issues, and plaintiffs without legal expertise may struggle to navigate the legal system effectively.

An experienced wrongful death attorney understands how to build a compelling case, present expert testimony, and counter the defendant’s legal defenses. Whether pursuing a wrongful death settlement or taking the case to trial, having a knowledgeable legal team increases the likelihood of obtaining fair compensation for the deceased’s death, including medical expenses, burial expenses, lost income, and emotional distress. For those seeking legal representation, a free consultation with a wrongful death lawyer is a valuable opportunity to assess your case and determine the best course of action.

What Compensation Can You Receive in a Wrongful Death Suit?

The compensation available in wrongful death cases falls into three main categories: economic damages, non-economic damages, and punitive damages. The amount awarded in a wrongful death claim depends on several factors, including the nature of the fatal incident, the defendant’s negligence, and the specific laws governing wrongful death lawsuits in the state where the case is filed.

Economic damages cover the financial losses directly related to the victim’s death. These damages may include funeral expenses, burial expenses, medical bills incurred before the victim’s death, and lost income. When calculating lost wages and future financial support, the court considers the victim’s earning potential, employment benefits, and the financial impact on surviving family members. In wrongful death settlements, economic damages are often the largest component, particularly in cases where the deceased was the primary breadwinner.

Non-economic damages compensate for the emotional suffering and psychological trauma experienced by surviving family members. This includes compensation for loss of companionship, emotional distress, and the pain and suffering caused by losing a loved one. Unlike economic damages, which have a clear monetary value, non-economic damages are more subjective and vary widely depending on the circumstances of the wrongful death lawsuit. Courts consider factors such as the relationship between the deceased and the plaintiff, the emotional impact of the fatal accident, and the overall effect of the victim’s death on the family’s well-being.

Punitive damages may also be awarded in wrongful death cases, though they are less common. These damages serve as a form of punishment against the defendant for extreme negligence or intentional harm. For example, if a wrongful act such as drunk driving or gross medical malpractice caused the victim’s death, a court may impose punitive damages to deter similar behavior in the future. The availability and limits of punitive damages vary by state, and some states cap the amount that can be awarded.

The total amount of wrongful death compensation depends on state laws, the defendant’s liability, and the legal process involved in proving negligence. An experienced wrongful death attorney can help surviving family members seek justice by gathering evidence, consulting expert testimony, and negotiating with the defendant’s insurance company to secure fair compensation. While wrongful death settlements provide financial relief, no amount of money can truly compensate for the emotional loss of a loved one. However, recovering damages can help families cover expenses, ease financial burdens, and hold the responsible party accountable.

What Is the Average Payout in a Wrongful Death Suit?

The average payout in a wrongful death lawsuit varies widely based on the circumstances of the case, the severity of the defendant’s actions, and the extent of damages claimed by surviving family members. Many wrongful death cases result in settlements rather than going to trial, with compensation amounts depending on the victim’s lost income, medical expenses, funeral costs, and the emotional distress suffered by their loved ones. In general, wrongful death settlements can range from $500,000 to $1.5 million, though some cases exceed these amounts, particularly when large companies or gross negligence are involved.

For example, medical malpractice wrongful death cases may result in higher settlements due to the complex nature of proving negligence and the long-term impact on surviving family members. Similarly, workplace accidents or fatal crashes involving commercial vehicles may lead to substantial compensation, especially when the defendant’s insurance company seeks to avoid a prolonged legal battle. In cases where punitive damages are awarded, the total compensation can be significantly higher.

Need a Wrongful Death Lawyer Near You?

Losing a loved one due to someone else’s negligence is devastating, and filing a wrongful death lawsuit can be overwhelming. As discussed, several factors impact the chances of winning a wrongful death claim, including the quality of evidence, the ability to prove the defendant’s negligence, potential defenses, state laws, and the expertise of the legal team. 

While many wrongful death cases settle out of court, securing fair compensation requires skilled legal representation to navigate the complex legal process, negotiate with the defendant’s insurance company, and ensure surviving family members receive the justice they deserve. If you are considering filing a wrongful death lawsuit, it is crucial to seek legal advice as soon as possible. 

Novian & Novian is here to help you with the process of filing a wrongful death lawsuit. With extensive experience handling wrongful death cases, our personal injury attorneys in Los Angeles are here to fight for the rights of grieving families. Contact us today for a free consultation!