Imagine losing a loved one due to someone else’s negligence. This can make an already difficult situation much harder. Scenarios like these are a reality for many, as there are nearly 225,000 unintentional deaths each year.
Adding to the situation’s complexity is navigating a wrongful death settlement. Not only do you have to find the right lawyer, but you’ll also need to understand how long the process takes.
We’ve created a brief guide with the key information you should keep in mind about filing a wrongful death claim. So, how long does a wrongful death lawsuit take? Let’s explore the contributing factors.
Case Complexity
Case complexity is one of the most important factors that influences a case’s timeline. For example, a wrongful death case with multiple parties involved is much more difficult to deal with than the average scenario. Cases can become even more complex if the laws around the situation are murky.
Let’s consider a classic slip-and-fall case. Property owners must strive to keep their facilities safe for visitors. This often involves placing signs that signify a floor surface is wet.
Assume that a store owner placed a “wet floor” sign, but an employee or customer moved the sign out of the way. Later that day, someone slipped and experienced a head injury. They later died in the hospital.
This case would be more complex than normal since the property owner technically fulfilled their obligation to maintain a safe environment. However, an accident still occurred at the property.
Available Evidence
The amount of available evidence directly contributes to how long a case takes to resolve. Cases with a small amount of evidence or a large amount of evidence will generally take longer to handle.
To elaborate, cases with only a few pieces of evidence don’t take much time to consider. However, the amount of evidence might be insufficient.
This could draw out the situation and make it difficult to prove the defendant is guilty. In contrast, large amounts of evidence take much longer to consider. These can often prove negligence occurred, but it will take a substantial amount of time to review each piece.
There’s also a chance that the judge will rule certain evidence inadmissible in court. This can substantially reduce how effective your strategy is during your lawsuit.
Key pieces of evidence include medical records, video footage, and witness testimonies. To get the best results, it’s recommended to combine different types of evidence. Having a large number of people testify that an incident occurred won’t mean much if local surveillance footage proves the opposite.
Court Scheduling
This is an issue outside of anyone’s control. Court scheduling can sometimes delay a case by months or even years. This will depend on the number of cases that take priority over yours.
The length of these cases is also a factor. However, this doesn’t mean that you can’t make progress towards your case while waiting for a judge.
Your attorney can continue to collect and review evidence before your case is heard. It can be difficult to get your life back together after a wrongful death incident, though. A common scenario is a widowed spouse struggling to make ends meet after the death of their partner.
Settlement Negotiations
Not all compensation for wrongful death cases is awarded by a judge. In some situations, the other party will attempt to settle to prevent the case from going to trial.
This most often occurs when the other party doesn’t feel confident they can succeed in the courtroom. It’s important to keep in mind that you should never accept the first settlement offer you receive. By design, the defendant will initially offer an amount far less than they’re willing to settle for.
To clarify, let’s assume you’re suing a negligent party’s insurance company. They’ve decided that they’re willing to settle for a maximum of $2 million. However, their initial offer is for $150,000.
While this is still a substantial amount of money, it’s far less than you could potentially obtain. Working with the right wrongful death lawyer will help you come to an agreement that’s best for you.
They’re likely to reject the first settlement offer and provide a counteroffer. If the two parties can’t agree, the case will move forward to trial. Since the defendant will want to keep the case out of the courtroom, they’ll be more negotiable than you might expect.
Finding an Attorney
To get the best results, it’s imperative to find the right lawyer. They can help you seamlessly navigate your case and capitalize on opportunities you would have otherwise missed.
When searching for an attorney, consider their past reputation. The feedback other people provide will offer valuable insight into what you can anticipate.
Ask about their pricing structure before moving forward, as well. Some attorneys charge hourly, while others charge a flat rate. In certain situations, your attorney might work on a contingency basis.
This means you don’t have to pay anything upfront and they instead compensate themselves from your winnings. If they don’t win your case, you don’t pay anything at all. There are certain criteria for contingency cases, and attorneys will only work this way if they’re sure they can win.
Pay attention to how enthusiastic they are about your case. If they aren’t interested in helping you get the justice you deserve, continue your search elsewhere. Otherwise, you’ll likely fall short of your goals.
If they plan on delegating your case, speak with the attorney they choose. This will prevent you from working with a lawyer you’ve never met.
How Long Does a Wrongful Death Lawsuit Take?
The timeline will depend on the aforementioned factors. However, most cases resolve between a few months and a few years. Keep the above answer to “How long does a wrongful death lawsuit take” in mind so you know exactly what to expect.
Our professional team of attorneys at the Law Offices of Gerald J. Noonan strives to exceed all client expectations. With the resources and experience at our disposal, we fight fiercely for the best possible outcome. You can learn more about the benefits we offer by booking a consultation with us today.