• chances of winning a wrongful death suit

The largest damages ever awarded in Florida in a wrongful death lawsuit was a massive $700 million! Wrongful death cases occur when a person or entity’s wrongful conduct or negligence causes another person’s death.

The intense emotions in these cases can often make navigating them difficult. Understanding what factors and processes affect their outcome can provide surviving friends and family with a roadmap through this legal process. It also offers a sense of legal certainty and hope for closure.

The article below discusses the factors that affect the chances of winning a wrongful death suit.

What You Need to Prove

In a wrongful death lawsuit in Florida, there are several elements to prove following the accident. First, the action or negligence of another led to the death, and that the action or negligence was wrongful.

Wrongful negligence arises when the defendant fails their duty to care. This means that they could have reasonably been expected to take steps to prevent the accident but didn’t. For example, putting railings or warnings on a high-traffic ledge or making a product with a dangerous defect.

Survivors must also prove that they suffered harm by the decedent’s death. This harm can take the form of financial damages or emotional compensation (or both). Damages can cover funeral costs, medical bills, loss of future income, loss of companionship, and even pain and suffering.

What Affects the Chances of Winning a Wrongful Death Suit

The strength of the evidence is the main factor that affects the chances of success. The plaintiff has to satisfy each element (conduct/negligence, wrongfulness, causation, and damages) on a preponderance of the evidence.

This means the evidence must show that the plaintiff’s story has at least a 51% chance of being true. The stronger the evidence, the easier the argument. An experienced wrongful death lawyer drastically increases their clients’ chances for success.

The amount sought in damages also affects the case’s likely outcome. Firstly, if only a little is claimed, it will be easy to reach a settlement. Going for significant damages is likely to make the defendant fight harder and get more expensive lawyers.

Secondly, damages need evidence backing them up. Seeking more damages will require more proof to be brought before the jury. Seeking excessive damages is also likely to make the jury view the plaintiff as an opportunist rather than a victim.

Secondary Factors

Many factors outside the courtroom can also affect the outcome of a wrongful death case. The defendant’s actions can sway the jury if the defendant appears amicable or makes the plaintiff look unreasonable. Missing the statute of limitations is also likely to get the case thrown out entirely.

These secondary factors make it necessary to get representation early in the case. A lawyer can offer sound legal advice and minimize the adverse effects these factors could have.

Get the Best Wrongful Death Lawyer

Dealing with a death is always painful. Handling the legal fallout of a wrongful death can be torturous. That’s why it’s important to get the best lawyer to improve the chances of winning a wrongful death suit.

An experienced lawyer will be able to identify and bring strong evidence and make a strong argument. They’ll represent their clients well in negotiations. They’ll also offer expert advice about filing, going through the case, and settling.

Wrongful death lawyers handle everything from motor vehicle accidents to medical malpractice suits. If you want the best representation in Orlando, contact us today.