Understanding Your Chances Of Winning A Wrongful Death Suit

By Doug Standriff on June 12, 2025

Losing a loved one is an emotional experience that can be made even more painful when their death is caused by someone else’s negligence or wrongful actions. While no amount of money can ever replace the loss, filing a wrongful death suit may provide you with the compensation you need to deal with medical bills, funeral expenses, and the emotional toll.

But how do you know if you have a solid case? In this post, we’ll break down the factors that determine the chances of winning a wrongful death lawsuit and what you need to consider before filing one.

What Is a Wrongful Death Suit?

A wrongful death lawsuit is a legal action brought by surviving family members when a loved one’s death is caused by someone else’s negligence, intentional act, or wrongdoing. The goal is to seek justice by holding the at-fault party accountable and obtaining financial compensation for the family’s loss. These claims can stem from numerous circumstances, such as auto collisions, medical errors, workplace incidents, or criminal acts.

The primary goal of a wrongful death suit is to seek justice for the deceased and provide financial relief for the surviving family members left behind. However, the strength of your case and your chances of winning depend on several factors.

Key Elements of a Wrongful Death Claim

To have a successful wrongful death claim, your case needs to meet certain legal elements. These elements include:

Negligence or Intentional Wrongdoing: The defendant must be proven to have acted negligently or intentionally, leading to the death. In negligence cases, the defendant failed to act with the standard of care that a reasonable person would have. In intentional harm cases, the defendant deliberately caused the victim’s death.
Causation: A clear connection must exist between the defendant’s behavior and your loved one’s passing. For instance, if a driver runs a red light and causes a deadly collision, it must be proven that their actions directly resulted in the crash and the resulting fatality.
Damages: You must show that the surviving family members have suffered damages due to the death. These damages may include emotional distress, loss of income, medical expenses, and funeral costs.

Evidence Is Key

Like any other lawsuit, the strength of a wrongful death case depends on the evidence. To increase your chances of winning, you need to gather compelling evidence that supports your claim. Evidence can include:

Accident reports: Police or workplace accident reports that provide an official account of the incident.
Witness testimony: Statements from individuals who witnessed the accident or can testify to the circumstances surrounding the death.
Medical records: Documentation showing the cause of death and the medical treatment your loved one received.
Expert testimony: In some cases, expert witnesses, such as accident reconstructionists or medical professionals, may be necessary to explain technical aspects of the case.

Having strong, clear, and relevant evidence makes it easier for your attorney to prove the defendant’s liability and secure a favorable outcome.

Who Can File a Wrongful Death Lawsuit?

In most states, only specific family members can file a wrongful death lawsuit. These include:

Spouses: In many cases, the surviving spouse can file for wrongful death.
Children: If the deceased person has children, they can also file the suit, either alone or alongside other family members.
Parents: In the absence of a surviving spouse or children, parents may be able to file.
Other family members: Some states allow extended family members like siblings, grandparents, or others who were financially dependent on the deceased to file a wrongful death claim.

It’s important to know who is eligible to file in your state, as this can affect your chances of pursuing the case.

The Role of Insurance

In many wrongful death cases, an insurance company will be involved. This may include the at-fault party’s insurance or your own insurance if the death occurred due to an accident. Insurance companies often try to minimize payouts and may attempt to settle the case quickly to avoid paying full compensation.

To improve your chances of winning, it’s important to have a wrongful death attorney who can negotiate with the insurance company on your behalf. They can help you understand the settlement offers and make sure you are receiving a fair amount. In some cases, going to trial may be necessary if the insurance company refuses to provide adequate compensation.

Statute of Limitations

Every state has a statute of limitations, which is a time limit on how long you have to file a wrongful death suit after the incident. In New Jersey, wrongful death claims must typically be filed within two years of the date the death occurred. If you miss this deadline, you may lose the opportunity to file a lawsuit entirely, which could significantly reduce your chances of recovering compensation.

It’s important to act quickly after the death of a loved one, as this allows you to meet deadlines and ensure that evidence is still fresh.

Determining the Value of Your Claim

The amount of compensation you may receive in a wrongful death lawsuit depends on various factors. These include:

Economic losses: This includes things like lost wages, loss of future income, medical bills, and funeral expenses.
Non-economic losses: This includes things like emotional distress, loss of companionship, and pain and suffering experienced by the surviving family members.
Punitive damages: In certain situations, if the defendant’s conduct was especially reckless or harmful, the court may grant punitive damages. These are intended to penalize the wrongdoer and discourage others from engaging in similar behavior.

The value of a wrongful death claim can vary greatly depending on the circumstances, so it’s essential to consult with an experienced attorney who can evaluate your case and determine a reasonable amount of compensation.

Get the Justice Your Family Deserves – Contact Bergen Law Today

Losing a loved one due to someone else’s actions is heart-wrenching. At Bergen Law, we specialize in wrongful death cases in Bergen County, NJ and understand the emotional and financial toll it takes on families. With over 30 years of experience, certified civil trial attorney Douglas Standriff and his team are committed to helping you seek justice and secure compensation for medical bills, funeral expenses, lost income, and emotional suffering.

We handle personal injury cases involving car accidents, medical malpractice, workplace incidents, and more. Contact us for a free, confidential consultation today at 201-445-4555. Let us help guide you through this difficult time and fight for the compensation your family deserves.