How Long Does It Take to Settle Wrongful Death Claims?

Have you ever wondered how long a wrongful death lawsuit takes? 

Well, losing a loved one is an incredibly traumatic experience, and it can be even more overwhelming when their death is due to someone else’s negligence. In these situations, seeking legal action for a wrongful death case with the assistance of a wrongful death lawyer can offer some monetary compensation and a feeling of fairness. However, it’s essential to understand the duration required to resolve the case to keep one’s expectations in check.

But first it is very crucial to understand the timeline of a wrongful death claim, exploring the various factors that influence the duration and offering helpful insights to guide you through the process.

Understanding Wrongful Death Claims

A wrongful death claim is a legal action taken by the surviving family members or the estate of a deceased person against the party responsible for the death. These claims seek compensation for the losses incurred due to the death, including funeral expenses, lost wages, loss of companionship, and more.

When it comes to the eligibility of filing a claim, a wrongful death claim varies by state, but generally, the following parties can file:

• Spouses
• Children
• Parents
• Representatives of the deceased’s estate

The Timeline of a Wrongful Death Claim

Initial Phase

Consultation with an Attorney

The first step in pursuing a wrongful death claim is consulting with an experienced wrongful death attorney. This consultation is crucial for understanding the merits of your case, the potential compensation, and the legal process. During this initial meeting, the attorney will gather information about the incident, review relevant documents, and advise you on the next steps.

Investigation

Upon choosing to move forward with the claim, your lawyer will carry out an extensive investigation.This entails gathering proof in the form of expert testimony, accident reports, witness accounts, and medical data. Depending on the case’s intricacy, the investigation phase, which is crucial for developing a compelling case, may take from weeks to months. 

Filing the Lawsuit

Drafting and Filing the Complaint

Once the investigation is complete, your attorney will draft a formal complaint outlining the allegations against the defendant. The complaint is then filed in the appropriate court. The filing process can take a few weeks, depending on the court’s schedule and any initial legal requirements.

Serving the Defendant

After the complaint is filed, the defendant must be formally notified through a process known as “service of process.” The defendant typically has 20-30 days to respond to the complaint. This period can vary depending on state laws and court rules.

Discovery Phase

Exchange of Information

Both parties must exchange information during the discovery phase. This covers document requests, written questioning (interrogatories), and depositions (sworn statements given out of court). Discovery is a critical phase for gathering detailed information and can take several months to complete.

Expert Witnesses

In many wrongful death cases, expert witnesses are called upon to provide specialized knowledge and opinions. These experts could be doctors, economists, or experts in accident reconstruction. Coordinating expert testimonies can extend the discovery phase.

Pre-Trial Negotiations and Settlement Discussions

Mediation and Settlement Conferences

Before the case goes to trial, both parties often engage in settlement negotiations. Mediation or settlement conferences are common methods for resolving disputes without a trial. During mediation, a neutral third party facilitates discussions to help both sides reach a mutually acceptable settlement. This process can take several weeks to months, depending on the willingness of both parties to negotiate.

Settlement Agreement

If both parties agree to a settlement, a formal agreement is drafted and signed. The case is then resolved without the need for a trial. Settlement negotiations can be time-consuming, but they often result in a quicker resolution compared to going to trial.

Trial Phase

Preparing for Trial

Should an agreement not be found, a court proceeding takes place. Preparing for trial involves finalizing evidence, witness lists, and legal arguments. This preparation can take several months.

The Trial

The trial itself can last from a few days to several weeks, depending on the complexity of the case and the number of witnesses. After listening to the evidence and claims from each party in the court, a judge or jury will make the final decision.

Post-Trial Procedures

Verdict and Judgment

A verdict is rendered by the jury or the judge following the trial. If the verdict is in your favor, the court will issue a judgment specifying the compensation amount.

Appeals

The defendant may choose to appeal the verdict, which can prolong the case. Appeals involve a higher court reviewing the trial’s proceedings for legal errors. This procedure may take a few months or perhaps years.

Factors Influencing the Timeline

Complexity of the Case

The complexity of the wrongful death case significantly impacts the timeline. Cases involving multiple defendants, extensive evidence, or disputed liability can take longer to resolve.

Court Schedules

Court schedules and backlogs can also affect the duration of a wrongful death claim. Busy courts may have longer wait times for hearings and trial dates.

Willingness to Settle

The willingness of both parties to negotiate and settle the case can shorten the timeline. Cases where both sides are open to settlement discussions often resolve more quickly than those that proceed to trial.

Connect With Mokaram Law Firm!

The timeline for settling a wrongful death claim varies depending on numerous factors, including the complexity of the case, court schedules, and the willingness of the parties to negotiate. While the process can be lengthy, at Mokaram Law Firm, we understand the steps involved and work our way to help you navigate the journey more effectively. Our experienced wrongful attorneys can guide you through the process, help gather the necessary evidence, and advocate to secure the compensation you deserve. Connect with us today by dialing (281) 609-9224.