How Long Does A Wrongful Death Lawsuit Take?
It is devastating to lose a loved one as a result of another party’s misconduct. Aside from the grief you’re experiencing, you may also have medical and funerary bills to worry about, along with numerous other expenses that you may not know how to manage. One of the legal options you could have is to file a wrongful death lawsuit.
These civil actions are possible to undertake if your loved one would have been entitled to file a personal injury lawsuit had they survived their injuries. But how long does a wrongful death lawsuit take?
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How Long Does A Wrongful Death Lawsuit Usually Take?
You may be wondering, “How long does it take to settle wrongful death claims?” These cases can take anywhere from one to three years.
Wrongful death claims involve proving that negligence or wrongful conduct occurred and that your loved one died because of it. The case values of these devastating losses are often substantial. However, insurance companies will likely dispute your claim.
If negotiations are unsuccessful, your attorney can begin a wrongful death lawsuit. As with other court proceedings, it can be a much longer process than a settlement because you will need to go through the discovery phase, including depositions, which can be time-consuming. You will also need to factor in the court’s schedule.
Why Do Some Cases Resolve Faster Than Others?
Some cases can resolve more rapidly if there is substantial evidence that clearly establishes liability. If there are multiple parties involved, comparative negligence issues to address, or unclear evidence, then the process can take much longer.
What Are The Main Stages Of A Wrongful Death Case And How Long Does Each Take?
The first stage of these cases is to establish that you have a claim. This requires speaking with an attorney. They can then begin investigating your loved one’s death and gathering evidence. This could take anywhere from a few days to a few weeks.
Negotiations will come next. The complexity of the case will dictate how long negotiations will take, but it’s common for this stage to take several weeks. If it’s impossible to reach a settlement, then it may be time to officially file a lawsuit. The process of depositions and pre-trial motions can take months.
For a more in-depth examination of the process, consider reading Unthinkable by Kyle Bachus. The book offers a detailed look at a wrongful death, and the emotional toll it takes.
Can A Wrongful Death Case Settle Without Going To Trial?
Yes, most wrongful death cases settle outside of court. Settlements are quicker and less stressful than going to trial, so all parties are incentivized to settle.
What Factors Commonly Delay A Wrongful Death Lawsuit?
Disputed liability is one of the reasons a wrongful death case could be delayed. Colorado has modified comparative negligence laws that state your loved one could not have been more than 50% to blame for the injuries that led to their death. If they hold a higher percentage of liability, it will be impossible to obtain compensation.
Unfortunately, insurers will try to place as much blame on your loved one as possible. These types of disputes will extend the process as your lawyer defends your case.
Calculating damages can take time, too. It will be necessary to establish your loved one’s earning potential and how their loss will impact you financially and emotionally. If you have to go to court, then you will be restricted by the court’s schedule as well.
Is There Anything Families Can Do To Avoid Unnecessary Delays?
One of the most important things you can do is hire an attorney as quickly as possible after the death of your loved one. They will be able to aggressively negotiate with insurers to avoid delays.
Does Going To Trial Mean The Case Will Take Years?
A trial will usually take many months, but it does not necessarily mean you will be waiting years for a resolution.
When Does the Clock Actually Start?
The statute of limitations for a wrongful death claim is usually two years. The death of your loved one starts the clock. If you only discover later that their death was the result of misconduct, then the statute of limitations begins when you realize your loved one suffered a preventable death.
How Does The Emotional Toll Factor Into Timing Decisions?
The emotional toll that the death had on your family can play a role in how long the claim takes because it will require calculating these losses. Your lawyer will have to work with insurers to put a fair compensatory amount on this type of suffering.
Trust Experienced And Compassionate Wrongful Death Attorneys
After losing a loved one because of another party’s misconduct, you may be entitled to begin a claim. At Bachus & Schanker, we know how difficult this moment is for your family. We’re here to guide you.
