Losing someone you love because of another person’s actions can be devastating. When the death may have been preventable, families often want answers and accountability.
One question that frequently arises is:
How hard is it to win a wrongful death lawsuit?
There is no simple percentage or guaranteed outcome. Wrongful death cases can be complicated because they require a careful investigation into what happened, who may be legally responsible, and whether the available evidence supports the claim.
What Is a Wrongful Death Lawsuit?
A wrongful death claim generally arises when a person’s death is allegedly caused by another party’s wrongful act, omission, or negligence, subject to the specific requirements of applicable law.
Potential situations can include:
- Motor vehicle crashes
- Truck accidents
- Motorcycle accidents
- Construction accidents
- Defective products
- Medical negligence
- Nursing home abuse or neglect
- Dangerous premises
- Other potentially preventable incidents
The legal requirements vary depending on the circumstances and jurisdiction.
What Must Be Proven?
A wrongful death case typically requires evidence establishing the legal basis for liability.
Depending on the claim, the case may involve questions such as:
- What happened?
- Who was responsible?
- Did that person’s conduct violate a legal duty or otherwise create liability?
- Did the conduct cause the death?
- What damages or legally recognized losses resulted?
The precise requirements depend on the applicable law.
Why Can Wrongful Death Cases Be Difficult?
Wrongful death litigation may involve several challenges.
Evidence may be incomplete
The person who could have explained what happened is no longer available. Investigators may therefore need to reconstruct events using records, photographs, witnesses, experts, video, and other evidence.
Multiple parties may be involved
A serious accident could involve a driver, employer, manufacturer, property owner, contractor, healthcare provider, or another party.
Insurance companies may dispute liability
Insurers may investigate the claim and challenge responsibility or the amount being sought.
Medical and technical issues may be complicated
Cases involving medical care, defective products, construction incidents, or serious vehicle crashes may require expert analysis.
What Evidence Can Help a Wrongful Death Case?
The appropriate evidence depends on the incident, but may include:
- Police or accident reports
- Medical records
- Autopsy or medical examiner records
- Photographs and video
- Witness statements
- Employment records
- Product documentation
- Safety records
- Expert opinions
- Insurance records
- Electronic or digital evidence
The sooner relevant evidence is preserved, the better positioned an attorney may be to investigate the claim.
Does a Criminal Case Have to Happen First?
No.
A wrongful death claim and a criminal prosecution are separate legal matters.
A death may result in a criminal investigation, but a civil wrongful death claim has its own legal requirements and procedures.
Similarly, the absence of criminal charges does not automatically answer whether a civil claim may exist.
What Damages Are Available?
Wrongful death damages depend heavily on the applicable state law.
Alabama is particularly important to understand because its wrongful death law differs from the laws of many other states.
Under Alabama’s wrongful death statute, a personal representative may bring an action for a wrongful act, omission, or negligence that caused the decedent’s death, subject to statutory requirements. The statute also provides a two-year filing period from the date of death.
Because wrongful death laws are state-specific, families should obtain legal advice promptly rather than assuming that another state’s rules apply.
How Long Do You Have to File?
Time limits can be critical.
For Alabama wrongful death actions under the statute discussed above, the action generally must be commenced within two years after the death.
However, legal deadlines can vary depending on the type of claim and circumstances. Waiting too long can jeopardize legal rights.
How Can Families Strengthen a Wrongful Death Claim?
Families can take several practical steps:
- Preserve documents and communications.
- Keep copies of medical and accident records.
- Identify potential witnesses.
- Preserve photographs and videos.
- Avoid posting details about the case publicly.
- Be cautious when speaking with insurance representatives.
- Seek legal guidance promptly.
When Should You Contact a Wrongful Death Attorney?
If you believe your loved one’s death resulted from another person’s wrongful conduct, it is generally wise to speak with an attorney as soon as possible.
An attorney can investigate the circumstances, identify potentially responsible parties, review available evidence, and explain the legal options that may apply.
Wrongful Death Attorneys Serving South Alabama
Dasinger Defense represents clients in wrongful death matters as part of its personal injury practice. The firm serves communities including Foley, Fairhope, Gulf Shores, Mobile, Baldwin County, and surrounding areas.
If your family has lost a loved one and believes another party may be responsible, contact Dasinger Defense at (251) 928-5588 for a free case evaluation.
This article is for general informational purposes and does not constitute legal advice. Wrongful death laws and filing deadlines are fact-specific and should be reviewed with an Alabama attorney.