{"id":143,"date":"2023-01-19T08:14:00","date_gmt":"2023-01-19T16:14:00","guid":{"rendered":"https:\/\/www.kylebachus.com\/es\/things-that-take-time-in-wrongful-death-lawsuits\/"},"modified":"2023-01-19T08:14:00","modified_gmt":"2023-01-19T16:14:00","slug":"things-that-take-time-in-wrongful-death-lawsuits","status":"publish","type":"post","link":"https:\/\/www.kylebachus.com\/es\/things-that-take-time-in-wrongful-death-lawsuits\/","title":{"rendered":"Things THAT Take Time in Wrongful Death Lawsuits"},"content":{"rendered":"\n
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A wrongful death lawsuit is legal action taken by eligible surviving family members after an immediate family member dies. Pursuing a successful wrongful death claim relies on your wrongful death lawyer<\/a> proving that the loved one\u2019s death was the result of another party\u2019s negligence or malicious conduct. <\/p>\n\n\n\n

The average time for wrongful death settlement payouts depends on several factors. Quick settlements are rare because the defendant may deny responsibility, or the insurance company may refuse to pay the requested settlement amount. It also takes time to gather and review evidence. Other factors, such as the case type, when you initiate legal action, and your relationship with the decedent, may also affect the time it takes to settle wrongful death claims. <\/p>\n\n\n\n

When the Defendant Rejects Responsibility for Your Loved One\u2019s Death<\/h2>\n\n\n\n

Some defendants delay resolving a wrong<\/a>f<\/a>ul death<\/a> lawsuit because they deny responsibility. This can be a factor if the defendant\u2019s facing criminal charges, because the defendant may hope to avoid responsibility based on legal technicalities or other factors. Consequently, their attorney may advise them to deny responsibility in civil proceedings until their criminal trial is over.<\/p>\n\n\n\n

A guilty verdict in a criminal case may make it easier for you to prove your wrongful death suit. However, even if the defendant wasn\u2019t convicted in their criminal trial, it\u2019s possible to win your civil case. <\/p>\n\n\n\n

You can still proceed with your civil lawsuit while criminal proceedings are underway. In most cases, the statute of limitations<\/a> for filing a wrongful death lawsuit is two years from the date of death. Under Colorado state laws, victims have four years to file if their loved one dies in a hit-and-run accident. The deadline for filing such cases is four years from the accident\u2019s date.<\/p>\n\n\n\n

When the Insurance Company Refuses to Pay the Amount of Money Your Attorney Requests<\/h2>\n\n\n\n

In most cases, insurance companies pay wrongful death settlements on behalf of the at-fault party. Your wrongful death attorney will attempt to negotiate settlement terms. Still, if the insurance company denies the requested amount, you may have to go to trial to resolve your case, extending the time required to settle your lawsuit.<\/p>\n\n\n\n

Factors Considered in Settlement Amounts<\/h3>\n\n\n\n

Settlement amounts include economic damages, such as medical bills and loss of income, and non-economic damages, which include compensation for pain and suffering. It\u2019s also possible to receive punitive damages<\/a> if the defendant acted with total disregard for the safety of the decedent or others. <\/p>\n\n\n\n

Insurance companies may dispute the requested amounts. It\u2019s also possible for the decedent\u2019s personal representative to file a survival action suit against the defendant. The insurance company may refuse to agree to a settlement if they believe a court\u2019s judgment will result in lower payments.<\/p>\n\n\n\n

Shared Responsibility <\/h3>\n\n\n\n

The at-fault party\u2019s insurance company may refuse to pay a settlement if there are multiple defendants. They may try to mitigate their client\u2019s responsibility at trial to reduce their financial burden.<\/p>\n\n\n\n

Examination of Evidence<\/h2>\n\n\n\n

When you hire a wrongful death attorney, your attorney\u2019s law firm conducts an investigation. They must gather and review evidence, such as the following:<\/p>\n\n\n\n