Losing a loved one because of another person’s negligence is an unimaginable tragedy. So, if you are seeking a quick resolution for your wrongful death lawsuit, you are not alone. However, it’s important to know that a thorough legal process is often necessary to ensure a just outcome.
The journey from the initial consultation with an attorney to a final resolution involves several distinct phases. These steps, which include investigation, filing a complaint, discovery, and negotiation, are all integral to building a strong case. Each phase has its own timeline, and the duration of the entire process depends on how smoothly these stages unfold.
Below, we explore how long you can expect a wrongful death lawsuit to take, the steps and influential factors associated with this, and how a Camden wrongful death lawyer can help.
Understanding the Timeline: How Long to Settle a Wrongful Death Claim
The timeline for a wrongful death lawsuit can vary widely, often lasting anywhere from several months to a few years.
This wide range is due to the complexity of the legal process and the specific circumstances of each case. A quick resolution often occurs when liability is clear, the parties are willing to negotiate, and the at-fault party’s insurance company offers a fair settlement early on.
However, more complex cases that involve multiple liable parties, complicated evidence, or stubborn insurance companies will naturally take longer to fully resolve.
Key Steps in a Wrongful Death Lawsuit
While every case has its own nuances, most wrongful death claims follow these key steps:
1. Initial Consultation & Investigation
The process begins with a consultation with an attorney. Your lawyer will then conduct a thorough investigation, gathering evidence such as accident reports, medical records, witness statements, and expert opinions.
2. Filing the Complaint
Your attorney will then draft and file a formal complaint with the court, officially initiating the lawsuit. This document outlines the facts of the case, the allegations of negligence, and the damages you are seeking to recover.
3. Discovery Phase
In the discovery phase, both sides exchange information, documents, and evidence. This can involve:
- Written questions (interrogatories)
- Requests for documents
- Depositions (out-of-court testimony under oath).
The discovery phase can take many months to complete.
4. Negotiation & Mediation
Next, your attorney will typically enter into settlement negotiations with the at-fault party’s insurance company or legal team. Most wrongful death cases are resolved through a settlement, avoiding a trial. Mediation, where a neutral third party helps facilitate a resolution, is also a common step.
5. Trial
If a fair settlement cannot be reached, the case may proceed to trial. This is a lengthy and complex process that involves presenting evidence, calling witnesses, and arguing the case before a judge and/or jury.
Factors That Affect How Long It Takes to Settle a Wrongful Death Claim
Several factors can influence the duration of your case, including:
- Complexity of the Case: The more complex the case, the longer it will likely take to resolve.
- Cooperation of the At-Fault Party and Insurance Company: A primary reason for delay is an uncooperative insurance company that may try to undervalue the claim or dispute liability.
- The Amount of Damages: Cases with higher potential damages often involve more extensive negotiations and can take longer to settle, as the stakes are higher for all parties.
- Court Docket: The court’s schedule can also impact the timeline, particularly if a case goes to trial. A busy court may have a long waiting list for trial dates.
- Appeals: If either party challenges the outcome, the process may extend significantly.
Average Timeframes: Settlement vs. Trial
Wrongful death cases resolved through an out-of-court settlement might settle within six months to a year. However, for more complex cases where a fair settlement cannot be reached, the case will proceed to trial, which significantly extends the timeline. The discovery and pre-trial phases can take a year or more, and once a trial date is set, court backlogs can cause further delays.
The trial itself may last a few days or several weeks, but the entire process from filing the complaint to receiving a verdict can take anywhere from two to four years, or even longer if either party files an appeal.
How a Wrongful Death Lawyer Can Help
Having an experienced wrongful death attorney on your side can make a significant difference. At Savage, Royall & Sheheen, LLP, our lawyers:
Handle All Legal Procedures
We manage every step of the process, from the initial investigation to filing documents and representing you in negotiations or at trial. This allows you to focus on your family and your healing.
Investigate and Build a Strong Case
We have the resources and expertise to conduct a thorough investigation, gather crucial evidence, and consult with experts to prove negligence and liability.
Negotiate for Maximum Compensation
We will deal directly with the at-fault party and their insurance company, fighting to ensure you receive a fair settlement that covers your losses, including medical expenses, funeral costs, lost income, and emotional damages.
Provide Objective Guidance
We offer an objective perspective on your case, advising you on your best options and helping you make informed decisions about when to accept a settlement or proceed to trial.
Contact Our Wrongful Death Attorney Today
While we cannot change what happened, Savage, Royall & Shehenn, LLC can help you hold the responsible parties accountable and seek the justice and compensation you deserve. The time to file a wrongful death claim is limited by the three-year statute of limitations, so it is crucial to act quickly.
If you have lost a loved one due to the negligence of another, contact us at 803-432-4391 to request a consultation. Let us put our experience to work for you.