Available 24/7
Free Consultation
Losing a loved one comes with immense grief. That grief can be compounded if another person’s negligence caused the death.
In some cases, a wrongful death lawsuit can be a way to hold negligent people accountable, cover your loved one’s burial expenses, and support your family. However, these lawsuits can be emotionally draining. Before you commit to one, you might understandably wonder — just how likely are you to win?
Here’s what you need to know.
Lawyers who handle wrongful death and other personal injury cases usually work on a contingency fee basis. This means that you don’t pay anything up front. If your attorney recovers compensation for you, you will pay them a certain percentage of that award. If they don’t win your case, you won’t owe them anything.
This kind of arrangement involves your attorney taking on a good bit of risk, so wrongful death lawyers don’t accept every case they come across. At your consultation, your lawyer will evaluate your case and determine whether it’s one they think they can win. If so, they will likely offer to represent you.
Having a lawyer accept your case does not guarantee you’ll win. But if a lawyer does accept your wrongful death case, it means they believe the odds are in your favor.
Wrongful death lawsuits are often incredibly complex, and there are many different factors that may strengthen — or weaken — your case. Some of the main ones include the evidence available, the negligence of both parties, and your attorney’s skill set.
Generally, the more high-quality evidence you have available, the greater your chances of winning your case. For example, imagine that your loved one suffered a catastrophic injury and ultimately died after a car accident. There were no traffic cameras, and the two eyewitnesses had conflicting accounts of what happened.
It may still be possible to win your case under these circumstances, but the lack of concrete evidence could jeopardize the outcome. If the crash was captured by traffic cameras instead of just eyewitnesses, you might have a far greater chance of success.
Georgia is a state that uses a modified comparative negligence standard. This means that if your loved one was partially at fault for the accident that caused their death, you may still be able to recover compensation if they were less than 50% at fault. If you win your case, the damages awarded will typically be reduced by your loved one’s percentage of fault.
If your loved one shared responsibility for the incident, that alone doesn’t necessarily mean you’ll lose your case. However, if your loved one’s percentage of fault was close to 50%, a court may be less likely to rule in your favor.
Some wrongful death lawyers are more effective than others. You may be more likely to walk away with a settlement if you have skilled legal representation.
Litigation skills aren’t the only important skills in a lawsuit, though. Many wrongful death lawsuits are settled outside of court. When this happens, your lawyer and the other side’s lawyer negotiate a fair settlement amount. If your case is strong and your lawyer is an experienced negotiator, you may receive compensation without having to set foot in a courtroom.
You may be able to take a look at the facts of your case and get a general idea of whether you’re likely to win. However, the only reliable way to know your odds of winning in Georgia is to take your case to an experienced Augusta wrongful death lawyer. The right attorney can tell you whether you have a strong case and advise you on the next steps to take.
For more information, please contact our Augusta Wrongful Death lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.
We proudly serve Augusta, GA, and its surrounding areas:
Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784
Wrongful Death Related Resources
Can You Sue A Nursing Home For A Wrongful Death
Who Has the Right to Sue for Wrongful Death?
What Is a Wrongful Death Claim?