What Are the Chances of Winning a Wrongful Death Lawsuit?

admin

March 28, 2025

Understanding Wrongful Death Lawsuits

Losing a loved one due to someone else’s negligence is devastating. If the death resulted from medical malpractice, a car accident, or workplace negligence, the family may have grounds for a wrongful death lawsuit. But how often do these cases actually succeed?

If you’re considering filing a claim, understanding your chances of winning can help you make an informed decision.

What Makes a Wrongful Death Case Successful?

To win a wrongful death lawsuit, four key elements must be proven:

Duty of Care – The defendant (doctor, driver, employer, etc.) owed a duty of care to the deceased.
Breach of Duty – The defendant acted negligently or failed in their responsibility.
Causation – The breach of duty directly led to the person’s death.
Damages – The surviving family suffered financial and emotional losses due to the wrongful death.

When these elements are clearly demonstrated, the likelihood of a successful claim increases significantly.

What Percentage of Wrongful Death Cases Are Won?

Wrongful death lawsuits are often complex, and the success rate depends on several factors. Here’s what research and legal professionals say:

1. Settlement vs. Trial Success Rates

Most wrongful death cases settle out of court – about 90-95% of cases reach a settlement.
When cases go to trial, the plaintiff wins around 50% of the time.

Trials introduce uncertainty because:

Juries can be unpredictable.
Defense teams often argue that the deceased had pre-existing conditions or that the defendant’s actions weren’t the sole cause of death.
The burden of proof is on the plaintiff to show clear negligence.

2. How the Strength of Evidence Affects the Outcome

Winning a wrongful death lawsuit requires compelling evidence, such as:

Medical records and autopsy reports proving cause of death.
Witness testimony supporting the plaintiff’s claims.
Expert testimony showing how negligence caused the fatality.
Documentation of financial losses, including funeral costs and lost income.

If strong evidence is presented, the likelihood of success increases. If evidence is weak or circumstantial, the case may be harder to win.

3. Factors That Improve Your Chances of Winning

Several factors increase the likelihood of success in a wrongful death case:

A. Having an Experienced Wrongful Death Lawyer

Working with a Minneapolis medical malpractice lawyer like Mark Perron can greatly improve your case’s chances. A skilled attorney will:

Gather critical evidence to support your claim.
Negotiate with insurance companies to secure a fair settlement.
Take the case to trial if necessary.

B. Strong Documentation of Losses

Courts look at financial and emotional damages when awarding compensation. Strong documentation of lost wages, medical bills, and emotional suffering strengthens a case.

C. Clear Liability and Negligence

When a defendant’s negligence is obvious, settlements and verdicts are more favorable. Cases with disputed liability are harder to win.

Why Some Wrongful Death Cases Fail

Not every wrongful death claim results in compensation. Here’s why some cases fail:

1. Insufficient Evidence

If causation isn’t clear or there’s a lack of documentation, a case may be dismissed. Defense teams often argue that:

The deceased had pre-existing health conditions.
Other factors, such as lifestyle choices, contributed to the death.

2. The Defendant Has Strong Legal Representation

Hospitals, corporations, and insurance companies have experienced defense attorneys who work to:

Minimize payouts to the plaintiff.
Shift blame onto the deceased.
Challenge expert witnesses to weaken the plaintiff’s case.

3. Missing the Statute of Limitations

Every state has a deadline for filing a wrongful death lawsuit. In Minnesota, the statute of limitations is three years from the date of death. If a case is filed after this period, it will likely be dismissed.

What Are the Chances of Winning a High-Value Wrongful Death Case?

Some wrongful death lawsuits involve multi-million-dollar payouts, especially in cases of:

Medical malpractice leading to fatal mistakes.
Defective products causing death.
Major workplace accidents with clear negligence.

While big settlements are possible, they often require:

Extensive expert testimony proving the long-term financial impact.
Strong legal representation to fight against corporate defense teams.
A clear, undeniable case of negligence.

How to Increase Your Chances of Winning a Wrongful Death Lawsuit

If you’re considering legal action, here’s how to maximize your chances of success:

1. Hire a Skilled Minneapolis Medical Malpractice Lawyer

An experienced wrongful death attorney, like Mark Perron, can:

Evaluate your case’s strength and advise on legal options.
Negotiate for a fair settlement while avoiding unnecessary delays.
Take the case to trial if needed to fight for maximum compensation.

2. Gather All Possible Evidence

Request medical records and police reports.
Obtain witness statements from those who saw what happened.
Keep records of financial losses, such as lost income and funeral expenses.

3. Act Quickly

Because of Minnesota’s three-year statute of limitations, waiting too long to file a claim could cost you your case. Consult an attorney as soon as possible.

4. Be Open to Settlement Negotiations

Since most cases settle, being willing to negotiate often leads to a faster and more favorable outcome. A lawyer can help determine whether an offer is fair or too low.

5. Stay Emotionally Prepared

Wrongful death lawsuits can be draining. Trials may take years, and insurance companies fight aggressively to pay as little as possible. Having a strong legal team ensures you don’t navigate this alone.

Conclusion: Is a Wrongful Death Lawsuit Worth Pursuing?

If you’ve lost a loved one due to negligence, you may have a case. While wrongful death lawsuits can be challenging, they are often successful through settlements or in court.

By working with a Minneapolis medical malpractice lawyer like Mark Perron, you can increase your chances of winning, secure financial justice, and hold the responsible parties accountable.If you believe you have a wrongful death claim, don’t wait—consult an attorney today to discuss your options.

If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.