Understanding Your Chances Of Winning A Wrongful Death Suit

September 15, 2025

Losing your loved one can cause untold emotional pain and financial hardship. It is especially unfortunate when their death is caused by someone else’s wrongful actions or negligence. In such a situation, a wrongful death lawsuit can provide some measure of justice and financial relief.

However, before moving forward with the claim, it’s important to understand the factors that influence your chances of winning a wrongful death suit. In this article, we’ll learn the key elements that determine whether or not your case will succeed. We’ll also find out how you can maximize the likelihood of obtaining the compensation you deserve.

What Does a Wrongful Death Suit Mean?

A wrongful death suit describes a legal claim that is submitted by the survivors of an individual who has died due to the negligent or intentional actions of another party. These cases often arise from accidents, medical malpractice, or criminal acts, where the responsible party’s actions directly caused the fatality.

When a loved one dies unexpectedly, the surviving family members, such as spouses, children, or parents, may be entitled to seek compensation for their loss. Filing a wrongful death claim can be an essential step toward holding the responsible party accountable, but the process can be complex.

Key Elements of a Wrongful Death Case

To succeed in this type of lawsuit, you must prove the following elements.

• Death of a Loved One: The first and most obvious element is that the person must have died due to the actions of another party. The cause of death should be linked to negligence, recklessness, or intent.
• The Negligence or Misconduct of the Responsible Party: You must prove that the responsible party (whether an individual, company, or government entity) was at fault for the death. This could be due to reckless driving, medical malpractice, defective products, or other forms of negligence or intentional harm.
• Financial Loss to the Survivors: The survivors, typically family members or dependents, must demonstrate that they have suffered financially due to the death. This could include lost income, funeral expenses, and emotional distress.
• Eligibility of the Plaintiff to File the Suit: Not all family members are eligible to file a wrongful death claim. Typically, the deceased’s spouse, children, or parents can file, depending on applicable law.

Each of these elements must be proven with clear evidence. The stronger your evidence is in each of these categories, the better your chances of winning a wrongful death lawsuit will be.

Factors Determining the Outcome of a Wrongful Death Lawsuit

To better understand your chances of winning, consider the factors that contribute to the success or failure of these claims.

The Strength of the Evidence

Without solid evidence, even the strongest cases can falter. The evidence must clearly link the responsible party’s actions to the death of your loved one.

Important evidence includes police reports, medical records, and eyewitness accounts. For instance, if the wrongful death occurred in a car accident, police reports should detail the circumstances of the crash.

Similarly, traffic camera footage or witness testimonies can play a significant role in proving negligence. Additionally, autopsy reports and medical records are vital for showing the cause of death.

Having access to expert witnesses can also strengthen your case. Medical professionals, accident reconstructionists, or economists can help demonstrate the severity of your loss. This can be both in terms of the cause of death and the financial impact.

Determining Liability: Who Is Responsible?

The next factor is determining who is liable for the death. Liability may rest with an individual, a corporation, or even a government entity, depending on the circumstances of the death.

If the responsible party denies fault, proving liability can be a challenge. For example, in a car accident case, if the driver denies responsibility or claims another party was at fault, proving negligence becomes more difficult. Once again, there’s a need for clear and convincing evidence that establishes the other party’s responsibility.

Working with our skilled Atlanta wrongful death attorney from Henningsen Injury Attorneys can make all the difference in identifying and holding the right party accountable. An attorney will help investigate the case thoroughly and ensure that all potentially liable parties are included in the lawsuit.

We understand the importance of thorough evidence gathering. Our team works diligently to meticulously document every aspect of your case to improve your chances of success.

Legal Standards and Statutes of Limitation

Every wrongful death lawsuit must adhere to legal standards and deadlines. In Georgia, the statute of limitations for filing a wrongful death claim is typically between one and two years from the date of death. If the lawsuit isn’t filed within this time frame, you risk losing the opportunity to seek compensation.

In addition to filing within the appropriate time frame, your case must meet legal standards, such as proving negligence. This involves demonstrating that the responsible party had a duty of care to your loved one, failed to uphold that duty, and that failure was the direct cause of the fatality.

Challenges to Winning a Wrongful Death Lawsuit

Although every case is unique, several challenges can affect your chances of winning a wrongful death lawsuit. Disputed liability is one of the most common obstacles, where the responsible party denies negligence or claims that your loved one contributed to the accident.

Conflicting evidence can also complicate matters, particularly if there are multiple parties involved or unclear details about the cause of death.

Other challenges may arise from financial limitations or the complexity of the case. For example, cases involving multiple defendants, such as in the case of a workplace accident involving a contractor and employer, can become especially complicated. However, with the right legal representation, these challenges can often be overcome.

Maximizing Your Chances of Success

So, what are the chances of winning a wrongful death suit? The answer lies in how well your case is prepared and presented.

We offer free consultations to evaluate your case and guide you through the legal process. Our team is experienced in dealing with the complexities of wrongful death cases and has what it takes to secure the compensation your family deserves.

To get started on your wrongful death claim, reach out today for a free case consultation. We are here to help you fight for justice for your loved one.