How Likely Is It to Win a Wrongful Death Lawsuit?

There’s a direct link between the chances of winning a wrongful death suit and the alleged quality of care provided to the patient. According to one of the most comprehensive studies on malpractice claim outcomes, an overwhelming 80-90% of ‘defensible’ claims get dropped or dismissed without payment.

What’s more, for claims that still receive a payout, the settlement amount drops as the strength of the patient’s evidence decreases.

All that evidence paints a clear picture — you’re only likely to win a wrongful death lawsuit when you have the right evidence and proof to show the healthcare provider’s care fell outside of the reasonable standard expected of them under the law. To ensure you’re able to produce that proof, it makes the most sense to collaborate with a quality wrongful death lawsuit attorney. Find out more about exactly how likely it is to win a wrongful death claim and how to secure the right evidence below.

Key Factors that Impact the Likelihood of Winning a Wrongful Death Lawsuit

Winning a wrongful death lawsuit takes a ton of effort and skill since it’s not easy to prove to a judge or jury that the fatality rose to the level of medical negligence. Some of the most important key factors that will make or break your case include:

• The strength of your evidence.
• The quality of care provided to the patient.
• The competence of your legal team.

Another factor that could impact your case is your state’s statute of limitations for wrongful death claims. These limitations set a time limit on your claim. If you wait too long to file, then you won’t have any chance of winning your case, regardless of the circumstances or facts.

The Role of Evidence

Proving negligence in wrongful death lawsuits requires specific evidence. First, you must prove that the other party had a legal duty to provide for your loved one’s care. That means showing that your loved one was a patient at the facility or was receiving care from the staff at the time of the incident.

Next, you need evidence to prove that the doctor’s care fell outside of the reasonable standard of care expected of them under the law. Then, you need to prove that this substandard care led to the fatal medical incident. Proving causation in wrongful death cases is often extremely difficult, especially since your loved one was already in need of medical help when the incident occurred.

Finally, you need to prove the extent of your losses by documenting them with specific evidence like medical bills, burial expense receipts, or bills from the funeral home. You can produce bills from therapy sessions or show how much income your loved one would’ve provided your family with had they still been able to support you. All this evidence plays a critical role in securing not only a win but a higher overall settlement award.

Determining how to win a wrongful death lawsuit means identifying the best ways to secure evidence that proves all the facts above. If you can prove all those elements with solid documentation and evidence, then you are very likely to win your case.

One tool you could leverage as proof of your situation is an expert medical witness’s testimony. An expert medical witness can provide specialized knowledge to help a judge or jury understand the facts surrounding your loved one’s fatality. The witness can define what the “reasonable standard of care” is and what steps should’ve been taken in your loved one’s situation. The testimony of an expert medical witness is reliable, so it has massive sway in most wrongful death cases.

Common Defenses in Wrongful Death Cases

Understanding how to fight a wrongful death lawsuit will give you more insight into how to prepare yourself for arguments that challenge your claims.

One of the biggest arguments you’ll face is that the provider’s care did not fall outside of the standard or reasonable level of care expected of them under the law. In other words, the provider might argue negligence wasn’t a factor and the fatality was simply the result of a medical error that occurred in good faith and with reasonable care. To challenge this, it’s a good idea to hire an expert witness who can testify on how a reasonable provider would’ve acted in similar circumstances.

Another common defense is that there is no causation, or there isn’t a link between the patient’s injury and the provider’s conduct. The provider might argue that the fatality happened as a natural result of the person’s health condition or diagnosis.

Real-World Examples: Success Stories and Challenges in Wrongful Death Lawsuits

To highlight a common challenge in medical malpractice wrongful death claims, one family took to the media to report on the “culture of silence” around medical errors. The family, who sought out a wrongful death lawsuit, claims their loved one was killed when a surgeon removed his liver instead of his spleen in a botched surgery. After the incident, the family alleges the hospital leadership attempted to cover up the ordeal and protect the surgeon by lying about the true cause of death. After an autopsy was completed by an independent medical examiner, the truth was revealed.

In another case, the parents of a two-year-old took her to the emergency room after she was bitten by an ant and was suffering an allergic reaction. According to the lawsuit, medical staff waited over 20 minutes before administering care such as an epinephrine injection. A doctor decided to intubate the child, who was then given RSI drugs that paralyzed her. Staff then realized they didn’t have the right equipment to intubate the two-year-old, who was struggling to breathe.

How Experienced Lawyers Can Improve Your Chances of Success

Wrongful death attorneys have a solid understanding of the local laws and regulations that dictate your rights and options after your loved one experienced a fatal medical malpractice incident. The right wrongful death attorney will improve your chances of success by:

• Securing the right evidence to prove your claims.
• Filing the right paperwork to officially start your claim.
• Hiring expert medical witnesses to testify for you.
• Negotiating with the other party.
• Ensuring your rights are upheld and respected throughout the process.
• Representing you in court.

To increase your odds of securing justice, it makes the most sense to hire the best possible local lawyer that you can. Achieve this by researching a few potential firms and looking for a lawyer with a good reputation, positive overall past reviews, and convincing case results that display their skills.

How Much Compensation Can You Expect from a Wrongful Death Lawsuit?

Your overall settlement award should accurately reflect the extent of the losses you expect to incur as a result of your loss. Some of the most common types of wrongful death damages include compensation for burial and funeral expenses, a loss of financial support, a loss of companionship, pain and suffering, and any medical expenses incurred prior to the passing. Since these losses are usually substantial, the average settlement for wrongful death cases usually ranges in the tens of thousands of dollars range.

Is it Worth Pursuing a Wrongful Death Lawsuit?

It might be worth pursuing wrongful death compensation if your loved one’s situation was clearly a result of substandard care and your losses are significant. To know for certain whether your odds are in your favor, it might be best to schedule a free consultation with an attorney. You’ll discuss the facts and circumstances surrounding your case, and the lawyer will provide you with a recommendation on whether you should pursue a claim based on their perception of your likelihood of winning.

A Kermani LLP wrongful death attorney will advocate for you so you get the best chances of winning your claim while also getting the space and time you need to grieve your loss.

Schedule a free case review with our team of experienced wrongful death attorneys today by leaving your information on our online form. You can also call our office directly at (855) 537-6264.