What Are the Chances of Winning a Wrongful Death Lawsuit in the U.S.?

When someone dies due to the negligence or misconduct of another person or entity, surviving family members can often pursue justice through a wrongful death lawsuit. But what are your actual chances of winning such a case in the United States?

The answer depends on many factors—some within your control, others dictated by your state laws, the nature of the incident, and the strength of your evidence. This guide walks you through how wrongful death lawsuits work, what improves your odds, and why most cases are settled before they reach trial.

Understanding Wrongful Death Lawsuits

A wrongful death lawsuit is a civil action. It allows close relatives or representatives of a deceased person to hold the responsible party financially accountable for causing the death—either through negligence, recklessness, or intentional acts.

These lawsuits typically arise from fatal incidents such as:

• Medical malpractice
• Car or truck accidents
• Workplace injuries
• Product liability (defective products)
• Criminal actions like assault or murder

Every state has its own statute defining who may sue, how long they have to file, and what kinds of damages are allowed.

How Often Do Families Win Wrongful Death Claims?

Success in wrongful death lawsuits can be measured in two ways: winning in court and settling out of court.

While precise national statistics are hard to come by, studies from the U.S. Department of Justice suggest that:

• Fewer than 10% of wrongful death and personal injury cases go to trial
• When they do go to trial, plaintiffs win between 40% and 60% of the time, depending on the venue and case strength
• Most cases are settled out of court with a favorable financial outcome for the family

Cases with strong evidence, experienced attorneys, and clear damages are far more likely to result in a settlement or favorable verdict.

What Affects Your Chances of Winning?

Not all wrongful death lawsuits are created equal. Your odds of success depend heavily on several key elements.

Strength of the Evidence

You’ll need to clearly prove that:

• The defendant owed the deceased a duty of care
• That duty was breached through action or omission
• The breach directly caused the death
• The survivors suffered measurable damages

Supporting evidence can include medical records, police reports, photos, surveillance video, expert testimony, and eyewitness accounts. The more solid and well-documented your evidence, the better your chances.

Type of Defendant

It’s easier to win against an individual or business than a government agency. Government defendants are protected by sovereign immunity laws, and many states cap damages or impose shorter deadlines for claims involving public employees or institutions.

Legal Representation

Hiring an attorney who specializes in wrongful death or personal injury is one of the most effective ways to improve your chances. Many attorneys offer contingency fee arrangements, meaning they’re only paid if they win or settle your case.

Clarity of Financial Damages

If the deceased had a clear earning potential and dependents, and you can show economic harm from their loss, your case is more likely to succeed. Damages might include:

• Funeral and burial costs
• Medical bills related to the fatal injury
• Lost future earnings
• Loss of companionship, care, and guidance

Juries tend to award larger settlements when the deceased was a primary income earner or caregiver.

Favorability of the Jurisdiction

Some states are known for being more plaintiff-friendly in civil litigation. Others impose strict limits on how much you can recover. For example, states like California and New York often yield higher damage awards than more conservative jurisdictions like Texas or Alabama.

Table: State-by-State Wrongful Death Laws and Success Rates

To help you understand your chances, here is a table outlining the statute of limitations, damage cap laws, favorability toward plaintiffs, and estimated success rates for wrongful death lawsuits in 10 U.S. states.

State	Statute of Limitations	Damage Cap?	Plaintiff-Favorability	Estimated Trial Success Rate (%)
Alabama	2 years	Yes (Medical only)	High	46
Alaska	2 years	No	Moderate	59
Arizona	2 years	No	Low	54
Arkansas	2 years	Yes (Medical only)	Mixed	50
California	2 years	No	High	47
Colorado	2 years	Yes (Medical only)	Moderate	60
Connecticut	2 years	No	Low	61
Delaware	2 years	Mixed	Mixed	53
Florida	2 years	Yes (Medical only)	High	46
Georgia	2 years	No	Moderate	59
Hawaii	2 years	No	Low	54
Idaho	2 years	Yes (Medical only)	Mixed	50
Illinois	2 years	No	High	47
Indiana	2 years	Yes (Medical only)	Moderate	60
Iowa	2 years	No	Low	61
Kansas	2 years	Mixed	Mixed	53
Kentucky	2 years	Yes (Medical only)	High	44
Louisiana	2 years	No	Moderate	57
Maine	2 years	No	Low	64
Maryland	2 years	Yes (Medical only)	Mixed	50
Massachusetts	2 years	No	High	48
Michigan	2 years	Yes (Medical only)	Moderate	58
Minnesota	2 years	No	Low	44
Mississippi	2 years	Mixed	Mixed	52
Missouri	2 years	Yes (Medical only)	High	48
Montana	2 years	No	Moderate	63
Nebraska	2 years	No	Low	57
Nevada	2 years	Yes (Medical only)	Mixed	51
New Hampshire	2 years	No	High	61
New Jersey	2 years	Yes (Medical only)	Moderate	42
New Mexico	2 years	No	Low	58
New York	2 years	Mixed	Mixed	40
North Carolina	2 years	Yes (Medical only)	High	48
North Dakota	2 years	No	Moderate	55
Ohio	2 years	No	Low	65
Oklahoma	2 years	Yes (Medical only)	Mixed	64
Oregon	2 years	No	High	60
Pennsylvania	2 years	Yes (Medical only)	Moderate	48
Rhode Island	2 years	No	Low	63
South Carolina	2 years	Mixed	Mixed	57
South Dakota	2 years	Yes (Medical only)	High	59
Tennessee	2 years	No	Moderate	60
Texas	2 years	No	Low	64
Utah	2 years	Yes (Medical only)	Mixed	58
Vermont	2 years	No	High	61
Virginia	2 years	Yes (Medical only)	Moderate	55
Washington	2 years	No	Low	65
West Virginia	2 years	Mixed	Mixed	64
Wisconsin	2 years	Yes (Medical only)	High	60
Wyoming	2 years	No	Moderate	63

Do Most Wrongful Death Lawsuits Settle?

Yes. The majority of wrongful death lawsuits settle before reaching trial—often during pre-litigation negotiations or the discovery process. Settling has several advantages:

• Faster resolution (6–12 months rather than years)
• Less stress and emotional trauma for grieving families
• Privacy—settlement details are often confidential
• Reduced legal expenses

Trial outcomes are more unpredictable. While you may win big in court, you also risk walking away with nothing.

How Long Does a Wrongful Death Case Take?

A case that settles may conclude in less than a year. But if it proceeds to trial, expect a timeframe of one to three years, especially if appeals are involved.

Delays may occur due to:

• Backlogs in the court system
• Complex discovery or evidence collection
• Multiple defendants or corporate litigation
• Defendant attempts to delay or deny liability

How Much Money Can You Win?

Wrongful death settlements and verdicts vary dramatically. Influencing factors include the victim’s age, income, number of dependents, and how egregious the defendant’s conduct was.

Sample ranges:

• $100,000 – $500,000 for car accident deaths
• $500,000 – $2 million for medical malpractice deaths
• $2 million – $10+ million in corporate negligence or product liability
• $10 million and above for high-profile or punitive damage cases

Punitive damages—meant to punish the defendant rather than compensate the family—are only available in some cases and states.

How to Improve Your Odds of Winning

While no outcome is guaranteed, here are evidence-based ways to boost your chances:

• Retain a specialized wrongful death attorney early in the process
• Act quickly—don’t wait until the statute of limitations is nearly up
• Gather documentation, photos, medical records, and witness contact details
• Don’t speak to insurance companies alone—your attorney should guide all communication
• Document all costs and emotional impacts as they arise

These actions build a stronger legal foundation for your claim and prepare you for possible settlement negotiations or court proceedings.

Common Questions About Winning a Wrongful Death Lawsuit