As families prepare for wrongful death litigation, they may wonder about the chances of winning the lawsuit. It’s an important question that can help you create a legal strategy and plan for the future.
The team of Florida wrongful death attorneys at Maderal Byrne & Furst PLLC explain the chances of winning a wrongful death lawsuit.
What Are the Odds of Winning a Wrongful Death Lawsuit in Florida?
The chances of winning a wrongful death lawsuit depend on the evidence and following the necessary procedural steps. A claimant may increase their chances by involving an experienced attorney to build and pursue the claim.
These lawsuits depend on the strength of the case, rather than on statistical averages. Some cases are very strong, and a litigant has a high probability of success. Other cases may have different odds, and an attorney can guide you as you evaluate how to approach the case. An attorney can explain factors that may impact the likelihood of winning a particular case.
Understanding Wrongful Death
When we talk about the chances of winning a wrongful death lawsuit, there are two things we mean. The first is recovering compensation. The second is recovering the amount of compensation that is fair and just under the law.
Generally, winning is seen as financial compensation, but it may also mean accountability for the offender, the opportunity to get answers about what occurred and having your day in court.
As you talk to your attorney, you can discuss appropriate compensation for the case and what it would mean to truly win your case. Winning a case means receiving compensation that fairly reflects the damages survivors can claim under the law. Settling for less isn’t truly a win.
How an Attorney Can Help Your Wrongful Death Case
Having a qualified attorney can increase your chances of winning a wrongful death lawsuit. Here are some reasons why:
The evidence
To win a wrongful death lawsuit, you must prove your case. A lawyer understands the elements of a case. They can investigate, gather valuable evidence and prepare it for presentation at trial. They ensure that your case is fully prepared, spotting issues of particular importance that may need to be addressed.
The steps
Winning a wrongful death lawsuit requires following procedural steps. Legal claims in Florida proceed under court rules. These rules say how documents must be prepared and submitted. The rules create deadlines.
An attorney knows what steps you must take and how to evaluate actions that you can take to increase your chances of winning.
The strategy
Success in a wrongful death lawsuit requires pursuing a case strategically. It starts with knowing what the case is worth. Understanding the case value helps you set expectations for settlement negotiations. The strategy also means knowing how to address potential issues effectively. An attorney can rely on their experience to create a strategy, knowing what is likely to be successful as justice is pursued.
Is It Hard to Win a Wrongful Death Lawsuit?
Whether it’s hard to win a wrongful death lawsuit depends on the strength of the evidence and your preparation. Even if you have a great case, you must diligently pursue it, or you’re unlikely to win. An attorney can greatly increase your chances of success because they are trained in the necessary steps and experienced in legal strategy.
What Factors Impact the Chances of Winning a Wrongful Death Lawsuit?
Here are some of the factors that may impact the chances of winning a wrongful death lawsuit.
For any factor, it may be highly important to the facts of a case. In other circumstances, it may be relatively minor.
Availability of evidence
Any wrongful death claim is won by evidence. Not only must the defendant be responsible, but there must be evidence to prove it. Evidence may mean witness testimony, tangible items, records, images and video, medical information, tests, analysis and more. Evidence must be gathered by the plaintiff for their case. If the evidence is strong, it increases the chances of winning a wrongful death lawsuit.
Strength of evidence
Sometimes, evidence may be convincing. Other times, there may be reasonable disputes or evidence about a particular element may be unclear. The strength of the evidence may significantly impact your chances of winning a wrongful death lawsuit.
Law that applies
Wrongful death laws vary significantly by jurisdiction. There are important differences in comparative negligence laws. Laws vary in terms of how the case is filed, the damages that beneficiaries can claim and how damages are shared among beneficiaries. These differences can impact the outcome of the case.
Presence of legal issues
If a case has legal issues where reasonable minds can differ, the outcome of the case may be uncertain. For example, there may be a question as to whether the defendant had a legal duty or a question of causation between the defendant’s actions and the victim’s death. There may be questions of law. Truly contested issues can impact the chances of winning.
Ability to collect a judgment
Winning a wrongful death case means collecting your compensation. Winning means receiving your compensation through an insurance policy or collecting personally from the defendant.
Selecting a fair jury
If your case goes to trial, you may question potential jurors about their qualifications.
Having a fair jury is a necessary part of winning a case.
Pursuing the case
Winning a wrongful death claim doesn’t happen by chance. It starts from the beginning of the case. Having experienced counsel to represent you is critical to maximizing your chances of winning a wrongful death lawsuit.
Talk to a Wrongful Death Attorney in Florida
Are you wondering about your chances of winning a wrongful death lawsuit? An experienced attorney can use their skill and experience to pursue your case in full and increase your chances for success. The attorneys at Maderal Byrne & Furst represent families in wrongful death claims. For a personalized evaluation, and to start your case today, contact us.
