One of the most unimaginable events in a person’s life is to lose a loved one due to another’s action. This is an unfortunate reality for many. When this occurs, surviving family members have the right to take legal action.
But how long does a wrongful death lawsuit take? There is no set answer as many factors can affect the timeline. Let’s look at what you could expect so that you can better prepare for what’s ahead.
What Is the Process of a Wrongful Death Lawsuit?
Like any legal manner, a wrongful death will follow certain procedures. Some of these steps can affect the timeline to resolve the case.
Investigation and Filing
The process starts when you work with a wrongful death lawyer. They will investigate the circumstances of the death, collect evidence, and file the lawsuit. Many times, this can take anywhere from a few weeks to several months. However, you need to be mindful of the statute of limitations. This deadline states how long you have to take legal action.
Defendant’s Response
After the lawsuit is filed, the defendant is formally served with the legal paperwork. They have about 30 days to respond. This response can either admit responsibility, deny the claims, or ask the court to dismiss the case.
Discovery
Discovery is often the longest phase of the lawsuit. During this time, both sides collect and share information to build their arguments. This includes:
- Obtaining medical records
- Deposing witnesses
- Hiring experts
Settlement Negotiations
In many cases, the parties will try to resolve the lawsuit through settlement negotiations or mediation. However, reaching an agreement can take time, especially if the defendant’s initial offers are lower than what your family deserves.
Trial and Post-Trial Appeals
If a settlement is not reached, the case goes to trial. Trials can last a few days or weeks, but getting on the court docket might take several weeks or months. After a verdict, the losing party may file an appeal. Unfortunately, that can extend the process by another year or more.
What Can Affect How Long It Takes?
Every wrongful death case is unique. Unfortunately, there are many factors that can affect the timeline. Some of the biggest reasons for an extended process may be:
Case Complexity
If the facts of the case are straightforward, the process might move quickly. For example, if the negligence is obvious and uncontested, such as in the case of a drunk driving accident, then the process could resolve faster. However, if there are disputes over what happened, who is the responsible party, or how damages should be calculated, the timeline will likely stretch out.
Liability Disputes
Another reason why wrongful death cases take time is disagreement over who is at fault. Many times, the defendant denies responsibility. In this case, your lawyer will need to gather strong evidence and possibly bring in expert witnesses to prove negligence. If there is any back-and-forth, that can lengthen the process.
The Discovery Phase
This stage is where both sides exchange evidence, depose witnesses, and build their cases. While this is an important part of any lawsuit, it is also one of the most time-consuming steps. Sometimes, it can take months or even years, depending on the case and the level of cooperation from both parties.
Settlement Negotiations
Many wrongful death cases settle out of court, but reaching an agreement is not always a quick process. Often, these discussions can take weeks or months as both sides work to find common ground. If a fair settlement cannot be reached, the case may move to trial. In turn, that can take more time to resolve.
Back to the original question: how long does it take to resolve a wrongful death claim? Most lawsuits take anywhere from one to four years to resolve. Cases that settle early might wrap up in under a year, but more complicated cases that need to go to trial will take much longer.
How Can You Help Move Things Along?
While certain delays are out of your control, there are steps you can take to help your case progress as smoothly as possible:
Hire an Experienced Attorney
You will want to work with a wrongful death lawyer who knows how to navigate the legal system. They can anticipate potential delays and work to resolve your case as quickly as possible without compromising on the outcome.
Be Prepared to Provide Evidence
The more information you can share with your attorney, such as medical records, police reports, or witness contact details, the faster they can start building a strong case.
Remain Open to Settlement Offers
While you want to make sure any settlement offer is fair, being willing to negotiate can help resolve the case faster than going to trial.
While no amount of money can replace your loved one, a wrongful death lawsuit can provide financial security and accountability for those responsible. Unfortunately, there is no set timetable. There are plenty of factors that can prolong the process. You should prepare for the process to take one to four years.
If you are ready to take the next step, Folkman Law is waiting to discuss your legal options.
