Our South Carolina wrongful death lawyer knows that any death of a loved one is a devastating event. It is even more heartbreaking when the death could have been prevented.

A wrongful death claim is the process that statutory beneficiaries use to hold wrongdoers responsible for the death of their loved one and obtain compensation for the loss of that person. You may wonder how many of these claims are successful.

Probability of Winning a Wrongful Death Suit

If you have a strong claim and representation of an experienced lawyer, it can increase your chances of winning a wrongful death lawsuit. The purpose of a wrongful death claim is to pay compensation if someone else has legal fault for the accident. Having a strong claim and pursuing it correctly with experienced representation can increase the odds of winning the case.

What Increases the Odds of Winning a Wrongful Death Suit?

It’s impossible to know for sure if a case will be successful. However, there are things you can do to greatly increase the chances. An experienced wrongful death lawyer knows and understands these tasks.

Here are some things that can increase the odds of winning a wrongful death suit:

1. Conduct a full investigation into the accident. Who was at fault? Is fault shared? Are there third parties, like an employer or property owner, that may not have been present on the scene but may still have legal fault? To win a wrongful death claim, you must know the case. By thoroughly investigating you learn the basis of the claim, who to name in the claim and what to seek in compensation.
2. Gather proof of fault. It’s not enough to know the specifics of a case. The way the legal system works, you must prove your right to compensation. You must have evidence, and the evidence must be admissible in court. Each case has several elements – proving legal fault (negligence or another legal standard), causation of harm, death and damages. Having proof of each element is necessary to win a wrongful death suit.
3. Follow legal procedure precisely. There are rules for how courts and cases operate. To bring a case, you must follow these rules. A mistake in procedure can be fatal to a case even if the case is otherwise strong. In addition, procedural rules can be used to your advantage for things like filing motions and demanding discovery. An attorney understands these rules and can use them to increase your chances of winning your suit.
4. Identify and respond to defenses. In any wrongful death claim, you can expect the other side to raise issues and defenses. To win your case, you must refute them.
5. Understand the possible outcomes at trial. Part of winning the case means knowing what the case is likely worth and the possible outcomes if the case were to go to trial. Having this information can help you negotiate a settlement. Winning a case means receiving fair compensation whether by trial or settlement. Knowing the likely value of the case assures that you can work towards a fair resolution.

The Importance of a Demand Letter in Successful Wrongful Death Claims

One essential aspect of a wrongful death claim is a well-prepared demand letter, as this can increase your chances of winning a wrongful death suit.

A demand letter is a document for negotiating the wrongful death settlement with the liable parties. An attorney is in the best position to create this demand letter since they understand the claim’s key aspects and goals.

In any wrongful death claim, the demand letter helps provide a foundation for negotiating a fair settlement. It includes all the details of the claim that explain why you are demanding certain damages and how the other party was negligent in some way.

It often includes specific information such as:

• Witness statements
• Medical expenses
• Funeral expenses
• Lost wages

The document should also include more basic information, such as your name and address, the date of the accident, and the total settlement amount you are asking for.

When creating a demand letter, many small details can impact the results you get. For instance, these letters are usually typed so that they appear professional, and they typically come with related documents attached, such as copies of medical expenses. Several rough drafts should also be made before settling on the final document to ensure clarity.

Writing this demand letter yourself can be tempting, but it should be left to a skilled wrongful death attorney since they will understand best how these letters are composed and how to frame the most important elements of the case. Your wrongful death attorney will also be responsible for continuing with the process of negotiations, or filing a lawsuit if the liable party does not respond to the letter.

How an Attorney Can Help

Winning a wrongful death claim requires a legal strategy and legal knowledge. Procedures must be followed. An attorney is an experienced professional who knows what to do and what errors to avoid.

If you have lost a loved one, our law firm can give you a personalized evaluation of the chances of winning your wrongful death claim. We can explain what winning means and what factors may increase or decrease your odds of winning. Contact us today to talk about your case.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.