How Long Does It Take To Settle A Wrongful Death Claim?

Every wrongful death claim is unique, and because of that, each case will have its own timeline for resolution. Some cases may resolve quickly, settling only months after the claim has started, while others can take several years, depending on how complex the case may be.

The uncertainty of the timeline is something many families grapple with, especially as they search for closure. However, understanding how the claims process will play out can help ease how your family navigates it.

Turn to the experienced team at Bachus & Schanker and get the legal support you need. From explaining claim outcomes to setting reasonable expectations to negotiating aggressively on your loved one’s behalf against all involved parties, our legal team is here to support you in the way you need.

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Why Do Some Wrongful Death Claims Settle Faster Than Others?

Because no two wrongful death cases are alike, each claim will move through its own unique process, meaning some might resolve faster, while others might not.

Reasons a claim may settle faster include:

• The facts are undisputed, with clear negligence against clearly involved defendants.
• Strong evidence exists, including video footage, toxicology reports, and eyewitness testimony, all pointing to the same conclusion.
• The evidence makes it difficult for insurance companies to fight back.

Some cases may also move slower because of the types of defendants involved. Cases involving government entities or corporate defendants, like a trucking company or nursing home, tend to move much slower than small business owners or individual defendants. This is because of the layers of bureaucracy and aggressive legal defense teams involved.

Can A Wrongful Death Claim Settle Without Going To Trial?

Yes. An overwhelming number of wrongful death claims settle without ever going to trial. This happens for a variety of reasons, but it’s typically because it’s more cost-effective for both parties to negotiate a fair settlement instead of drawing out a case in front of a judge or jury.

If your claim does move toward a settlement (over 95% do), it’s important to understand your options thoroughly. At Bachus & Schanker, Kyle Bachus and his team know how to navigate the settlement process and will negotiate vigorously on your behalf to help recover the full compensation you may be entitled to.

Common Factors That Can Delay A Wrongful Death Settlement

As with most claims, wrongful deal claims can face delays. Some of the most common factors that can cause this include:

• Liability disputes: If the victim was partially at fault or a third party was involved, this can require a lengthy discovery process.
• Low insurance adjusters: Insurers may intentionally delay responses, repeatedly ask for the same documentation, or take weeks to provide new information, pressuring you into a lowball settlement.
• Complex damages: Proving future financial losses may require experts to determine the full scope of damages.
• Lien resolutions: Medicare, Medicaid, or other medical insurers may place a lien against the settlement, requiring negotiation before heirs get paid.
• Probate issues: This may arise if the decedent lacked a clear estate representative or a will.

When you work with Kyle Bachus and his team, you can expect prompt legal support to navigate any delays that come up.

What Can Families Do To Avoid Delays?

Families are not powerless. As you navigate the wrongful death claims process, there are things you can do to hedge against delays.

First, do not wait to secure an attorney. Also, start collecting and preserving evidence as soon as you can, including incriminating text messages, medical documents, photos of the accident scene, pay stubs, and even a journal documenting your emotional pain.

When you are ready for legal support, experts like Kyle Bachus and his team are ready to help protect the integrity of your case, navigate the timeline, and determine the strength of your claim.

Does Litigation Mean Your Case Will Take Years?

Not necessarily. Litigation means a lawsuit has been filed, and the courts are involved. Most litigated cases can still end in a settlement, and this can take anywhere from eight to 12 months. Even if your case does not settle in that time, it doesn’t mean it will take years. Generally, the more complex your case, the longer it may last.

If your case does go to trial, Kyle Bachus and his team are ready to represent you fully, from bringing expert witnesses to adhering to all filing deadlines.

When Does The Timeline Actually Start?

Understanding the claims timeline can help manage expectations. The timeline for wrongful death claims vary by state, but in Colorado, the timeline starts on the date of death. This is called the statute of limitations, and it’s generally two years from the date of death.

Another timeline to consider is the settlement negotiation timeline. This starts the moment you hire an attorney, allowing your attorney to argue your case for months, even before filing your lawsuit.

Related: Wrongful Death Settlement Caps

How Does Emotional Toll Factor Into Settlement Timing Decisions?

Wrongful death claims are not immune to the heartache that comes after wrongful loss. Kyle Bachus understands this first-hand after the loss of his mother following a catastrophic commercial vehicle accident. Transforming pain into power, Kyle has documented his experience in his book Unthinkable, as he aims to support victims and their families.

Kyle Bachus and his team recognize the importance of supporting you so you can focus on healing. Our attorneys will manage all timelines and deadlines, giving you peace of mind that your case is in good hands.

You don’t have to navigate a wrongful death claim alone, and you shouldn’t have to navigate it without legal representation you can trust. Call our team today to schedule your free case evaluation to learn more about your family’s legal rights and options.

Book Your Free Case Evaluation.