What Is a Wrongful Death Attorney's Success Rate?

TL;DR

There is no official, industry-wide statistic for a wrongful death attorney’s success rate. However, most reputable personal injury law firms that handle these cases successfully resolve over 90% of the claims they accept. This high percentage is not a guarantee of a win but rather a reflection of a rigorous case selection process. Attorneys working on a contingency fee basis carefully screen potential claims, only taking on those with strong evidence of negligence and a clear path to securing compensation. Therefore, a firm’s high success rate indicates its ability to identify viable cases and achieve favorable outcomes through either a settlement or a court verdict.

Key Highlights

No Universal Rate: A single, verifiable success rate for all wrongful death lawyers does not exist due to confidential settlements and varied case types.
High Success in Accepted Cases: Experienced attorneys typically report success rates exceeding 90% for the cases they formally take on.
“Success” Defined: A successful outcome is most often a financial settlement reached outside of court but can also be a favorable jury verdict after a trial.
Case Vetting is Key: High success rates are primarily due to attorneys thoroughly investigating and only accepting cases they are confident they can win.
Influential Factors: The strength of evidence, clarity of fault, and the defendant’s resources are critical factors that determine the potential for a successful claim.

The loss of a family member is a profound and life-altering event. When that loss is caused by the carelessness or misconduct of another party, it adds a layer of injustice that the legal system aims to address. In the United States, wrongful death claims provide a civil remedy for surviving family members to seek accountability and financial stability. According to the Centers for Disease Control and Prevention (CDC), preventable injuries are a leading cause of death, with incidents like motor vehicle collisions, falls, and medical errors contributing to tens of thousands of fatalities each year. Each of these statistics represents a family potentially eligible to file a wrongful death lawsuit.

A wrongful death claim is a specific type of personal injury lawsuit filed when a person dies as a direct result of someone else’s negligence or intentional act. Legally, the claim asserts that the at-fault party breached a duty of care owed to the deceased, and this breach directly caused the death and subsequent damages. These damages are not meant to replace a loved one but to compensate for the financial and emotional losses the family endures. This can include lost wages, medical expenses incurred before death, funeral costs, and the loss of companionship and support. The laws governing these claims, such as who is eligible to file and what damages are recoverable, vary significantly by state.

For families facing this difficult situation, the decision to contact a lawyer often comes with a critical question: what are the chances of success? They want to know if pursuing legal action is worth the emotional and mental energy. While a simple percentage is an appealing metric, the reality of a wrongful death attorney’s success rate is far more complex. It is not a number you can look up in a directory. Instead, understanding what factors create a successful outcome and how to evaluate an attorney’s specific track record provides a much more accurate and empowering perspective for making an informed decision.

Defining “Success” in a Wrongful Death Claim

Before analyzing success rates, it is essential to understand what a “successful” outcome looks for in a wrongful death case. The image of a dramatic courtroom victory, while popular in media, represents only a tiny fraction of how these claims are resolved. Success is a broad term that encompasses several positive outcomes for the grieving family.

The Prevalence of Settlements

The vast majority of personal injury claims, including wrongful death lawsuits, are resolved through a negotiated settlement. Research from various legal sources, including the U.S. Department of Justice, indicates that more than 95% of these cases never reach a trial. A settlement is a formal agreement where the defendant’s insurance company or legal team agrees to pay the plaintiff (the family) an agreed-upon sum of money. In exchange, the plaintiff agrees to end the lawsuit.

From a family’s perspective, a fair settlement is often the ideal outcome. Here’s why a settlement is considered a major success:

Guaranteed Compensation: A trial is unpredictable. A jury could award less than a settlement offer or, in a worst-case scenario, nothing at all. A settlement provides a definite amount of financial recovery.
Faster Resolution: The litigation and trial process can take years to complete. A settlement can be reached much more quickly, allowing the family to receive funds sooner and begin moving forward.
Privacy and Reduced Stress: Trials are public proceedings that can be emotionally taxing for a grieving family. A settlement is a private, confidential agreement that avoids the stress of testifying in court and reliving the traumatic event.

An experienced wrongful death attorney is a skilled negotiator. Their success is often measured by their ability to build a case so strong that the opposing side is compelled to offer a fair settlement rather than risk a trial.

Favorable Trial Verdicts

When a fair settlement cannot be reached, taking the case to trial is the next step. A successful outcome in court is a verdict where the jury or judge finds the defendant liable for the death and awards damages to the family. While less common, a trial victory can sometimes result in a larger financial award than what was offered during settlement negotiations.

An attorney’s willingness and ability to go to trial is a critical component of their overall effectiveness. Insurance companies are more likely to make substantial settlement offers to lawyers they know have a strong track record of winning in court. An attorney who always settles and never goes to trial may be perceived as unwilling to fight, potentially leading to lower settlement offers for their clients.

Beyond Monetary Compensation

While financial recovery is the primary legal goal, some families define success in other ways. A wrongful death lawsuit can be a powerful tool for holding a person or corporation accountable for dangerous behavior. A successful claim can sometimes lead to:

Changes in Policy: A lawsuit against a trucking company for a fatigued driver might force the company to improve its safety protocols.
Public Awareness: A high-profile medical malpractice case could bring attention to dangerous practices at a hospital, protecting future patients.
A Sense of Justice: For many families, the most important outcome is the formal acknowledgment that their loved one’s death was preventable and that the responsible party was held accountable.

Why a Single “Success Rate” Percentage is Misleading

If you ask ten different law firms for their success rate, you might get ten different answers, all of which could be technically true. The reason a universal, standardized success rate doesn’t exist is due to several factors inherent to the legal system and how law firms operate.

Confidentiality of Settlements

As mentioned, most wrongful death cases end in a settlement. A standard component of nearly every settlement agreement is a confidentiality clause or non-disclosure agreement (NDA). This legally binding contract prevents both the family and their attorney from disclosing the terms of the settlement, including the amount of money paid.

Because these outcomes are private, there is no central database or public record tracking them. This makes it impossible for any organization to accurately calculate a nationwide or even statewide success rate based on settlement data. Attorneys can share their own firm’s results, but these are self-reported and not part of a standardized system.

The Attorney’s Screening Process

This is the most significant reason why successful attorneys report high win rates. Wrongful death lawyers typically work on a contingency fee basis. This means they do not charge any upfront fees. Instead, they are paid a percentage of the financial compensation they recover for the client. If they do not win the case, they do not get paid.

This payment structure completely aligns the attorney’s interests with the client’s. Because the law firm fronts all the costs of litigation, which can be tens or even hundreds of thousands of dollars for expert witnesses, depositions, and court filings, they have a powerful financial incentive to only take cases they believe they can win.

The process looks like this:

Initial Consultation: A family meets with the attorney to discuss the case.
Thorough Investigation: The law firm invests its own time and resources to conduct a detailed preliminary investigation. This includes gathering police reports, medical records, and consulting with experts.
Case Evaluation: The legal team assesses the strength of the evidence, the clarity of the defendant’s fault, and the potential value of the claim.
Decision to Represent: Only if the firm is confident in a successful outcome will they offer to represent the family.

An attorney who accepts every case that comes through the door would quickly go out of business. A high success rate of 90% or more is therefore a direct result of this careful and selective screening process. It speaks to the attorney’s skill in evaluating a case’s merits from the very beginning.

Varies by Firm, Case Type, and Jurisdiction

Success rates are not uniform across the legal field. They can differ based on:

Firm Specialization: A firm that exclusively handles complex medical malpractice claims may face different challenges and success metrics than a firm that primarily deals with car accident cases.
Case Complexity: A case involving a multi-vehicle pileup with several potentially at-fault parties is more complex than a case against a single drunk driver with a clear police report.
Jurisdiction: State laws have a massive impact. Some states have caps on certain types of damages, while others have laws that are more favorable to plaintiffs. An attorney’s success is tied to their deep understanding of the laws in the state where they practice.

Key Factors That Influence the Outcome of a Wrongful Death Case

The success of any wrongful death claim hinges on a few core elements. An attorney evaluates these factors during their initial investigation to determine the likelihood of a positive result. Understanding them helps a family appreciate what makes a strong case.

Strength of Evidence

Evidence is the foundation of a wrongful death lawsuit. Without compelling proof, a claim cannot succeed. The attorney’s first job is to collect and preserve all relevant evidence, which may include:

Official Reports: Police accident reports, autopsy reports, and reports from regulatory agencies like the Occupational Safety and Health Administration (OSHA).
Witness Testimony: Statements from people who saw the incident occur or have knowledge relevant to the case.
Expert Witness Opinions: Testimony from specialists like accident reconstructionists, medical experts, engineers, and financial analysts who can explain complex technical issues to a jury.
Physical and Documentary Evidence: Photographs and videos of the scene, maintenance logs, medical records, and internal company documents.

The more direct and undisputable the evidence, the higher the probability of success.

Clear Liability and Negligence

To win a wrongful death case, the plaintiff must meet the burden of proof. This means they must prove, by a preponderance of the evidence (meaning it is more likely than not), that the defendant was negligent. The four elements of negligence are:

Duty: The defendant owed the deceased a duty of care (e.g., a driver has a duty to obey traffic laws).
Breach: The defendant breached that duty (e.g., the driver was speeding or texting).
Causation: The defendant’s breach directly caused the death.
Damages: The death resulted in quantifiable damages for the family.

Cases with clear, undeniable liability, such as a drunk driving collision or a surgical instrument left inside a patient, have a much higher chance of success than cases where fault is disputed or shared among multiple parties.

The Defendant’s Resources

The identity of the defendant matters. A lawsuit against a large corporation, a hospital, or a major insurance company involves facing a well-funded legal team. These entities have deep pockets and will often fight aggressively to minimize their payout. A successful attorney must have the financial resources and experience to stand up to these powerful opponents. Conversely, a case against an individual with minimal insurance coverage may be easier to prove but could be limited in the amount of compensation that can be recovered.

The Attorney’s Experience and Resources

The skill of the legal team is a decisive factor. An experienced wrongful death attorney brings several advantages:

Knowledge of the Law: They have an in-depth understanding of state statutes, legal precedents, and civil procedures.
Network of Experts: They have established relationships with top-tier expert witnesses who can provide credible testimony.
Financial Stability: Their firm has the resources to fund a complex case for years if necessary.
Reputation: A lawyer known for being a tough negotiator and a skilled trial litigator is taken more seriously by insurance companies, often leading to better settlement offers.

How to Properly Evaluate a Wrongful Death Attorney’s Track Record

Since a single “success rate” number is unreliable, families need a better way to assess a lawyer’s competence. During a free consultation, the focus should be on asking specific, targeted questions that reveal an attorney’s true experience and capabilities.

Ask About Specific Case Experience

General numbers are less important than relevant experience. Instead of asking for a broad success rate, ask more pointed questions:

“How many wrongful death cases have you personally handled?”
“How many of those cases were similar to ours (e.g., commercial trucking accidents, construction site falls, medical negligence)?”
“Can you share the outcomes of some of those cases, without breaking confidentiality? For example, were they settled or did they go to trial?”

An attorney who has successfully resolved many cases like yours will understand the specific legal challenges, know which experts to hire, and be familiar with the tactics used by the opposing side.

Inquire About Trial Experience

Even though most cases settle, an attorney’s trial record is a crucial indicator of their ability.

“How many cases have you taken to a jury verdict?”
“What is your record in court?”
“Are you prepared to take our case to trial if a fair settlement offer is not made?”

An insurance company’s legal team will research your attorney. If they see a lawyer who consistently settles for low amounts and avoids the courtroom, their initial offer will reflect that. If they see a formidable trial attorney, their offers are likely to be much more serious from the start.

Look for Case Results and Testimonials

Reputable law firms are proud of their successes and often publish case results on their websites. While these will only showcase their wins, they can give you an idea of the types of cases they handle and the level of compensation they have secured for past clients. Look for:

Verdicts and Settlements: A list of significant financial recoveries.
Client Testimonials: Reviews from past clients can provide insight into the attorney’s communication style, compassion, and professionalism.
Peer Reviews and Awards: Look for ratings from legal organizations like Martindale-Hubbell or inclusion in lists like Super Lawyers, which indicate respect from other attorneys.

Understand Their Fee Structure

Confirm that the attorney works on a contingency fee basis. Ask them to explain their fee percentage and how case-related costs are handled. A transparent and straightforward discussion about fees is a sign of a trustworthy professional. The contingency fee model ensures the attorney is motivated to achieve the best possible financial outcome for you.

The Role of Damages in Measuring a Successful Outcome

A successful outcome is not just about winning; it is about securing full and fair compensation for all the losses the family has suffered. A skilled attorney will meticulously calculate the total value of a claim, which is typically broken down into two main categories of damages.

Economic Damages

These are the tangible, financial losses that can be calculated with relative precision. An attorney will often work with a forensic economist to project these costs over a lifetime. Economic damages include:

Lost Future Income and Benefits: The total wages, salary, and benefits (like health insurance and pension contributions) the deceased would have earned had they lived.
Medical Expenses: The cost of all medical care the deceased received between the time of the injury and their death.
Funeral and Burial Expenses: The full cost associated with the funeral and burial or cremation.
Loss of Services: The value of services the deceased provided, such as childcare, home maintenance, and financial management.

Non-Economic Damages

These damages compensate the family for the profound, intangible losses they have experienced. While it is impossible to put a price on a human life, the law allows for compensation for this suffering. Non-economic damages include:

Loss of Companionship and Consortium: Compensation for the loss of the love, affection, comfort, and society of a spouse or partner.
Loss of Guidance and Nurturing: For surviving children, this compensates for the loss of a parent’s guidance, education, and support.
Pain and Suffering: This can refer to the conscious pain and suffering the deceased experienced before their death, as well as the mental anguish of the surviving family members.

Punitive Damages

In some rare cases, punitive damages may be awarded. These are not intended to compensate the family but to punish the defendant for particularly reckless, malicious, or egregious conduct. The goal is to deter similar behavior in the future. The legal standard for awarding punitive damages is very high, and many states place caps on the amount that can be awarded.

Conclusion

The question of a wrongful death attorney’s success rate is understandable, but it is one without a simple answer. A high success rate, often over 90%, is less a reflection of legal magic and more a testament to a diligent and disciplined case selection process. Experienced attorneys invest their own resources to build strong cases, compelling insurance companies to offer fair settlements to avoid the risk and expense of a trial. The true measure of an attorney’s capability is not found in a single percentage but in their specific experience, their track record with cases similar to yours, and their demonstrated willingness to fight for their clients all the way to a courtroom if necessary.

Instead of searching for a universal success rate, your focus should be on finding a legal advocate with a proven history of achieving justice for families in situations like yours. The right attorney will be transparent about their process, provide clear answers to your questions, and have the resources to stand against even the most powerful defendants. Pursuing a wrongful death claim is a significant step, and it is crucial to have a skilled and compassionate professional by your side.

Time is a critical factor in any legal claim, as statutes of limitation restrict how long you have to file a claim. If your family has suffered such a loss, do not hesitate to seek legal guidance. Schedule a free, no-obligation consultation with an experienced wrongful death attorney to have the facts of your case reviewed. This initial step can provide the clarity and direction needed to understand your rights and decide on the best path toward securing accountability and justice for your loved one. Contact us today for a free evaluation. If you’ve lost a loved one due to someone else’s negligence, we understand the emotional and legal challenges you’re facing. We are here to guide you through the process, helping you make informed decisions during this difficult time. Reach out now, and let’s work together to pursue justice for your family.

What Is a Wrongful Death Attorney’s Success Rate?