How Long Does a Wrongful Death Lawsuit Take?
Losing a loved one is never easy. A death can bring several changes for a family, including emotional suffering, financial problems and uncertainty about the future. And if that loss was sudden and preventable, the emotional toll on families may be magnified by knowing that the death was due to someone else’s negligence or wrongdoing.
Although money cannot replace a loved one, filing a wrongful death lawsuit can help you seek justice and compensation — and lessen any financial burdens related to the loss.
But just how long does a wrongful lawsuit take? Unfortunately, there is no clear-cut answer. Some wrongful death cases last multiple years. Other times, parties may settle out of court in a matter of months.
Having a clear understanding of the timeframe for a wrongful death case can help you set realistic expectations during such a challenging time. Keep reading for more details on what to expect during this process.
Filing Your Claim on Time
First, it’s important to be aware of California’s statute of limitations for wrongful death claims. In California, the statute of limitations for wrongful death claims is generally two years from the date of death. If a lawsuit isn’t filed within this two-year window, you may not be able to receive any compensation.
However, there are exceptions to this rule. If the wrongful death was caused by medical malpractice, you may have three years from the date of the injury or one year from the date you discovered the injury, whichever comes first.
After your loved one’s death, it’s important to consult with a wrongful death attorney as soon as you can. They can ensure your claim is filed within the appropriate timeframe.
Wrongful Death Fatalities on the Rise
The rise in traffic fatalities in California underscores the growing urgency for addressing wrongful death claims, particularly in cases involving alcohol-impaired, drug-impaired driving, and unsafe road conditions.
According to the latest statistics from the California Office of Traffic Safety, deaths resulting from traffic accidents jumped from 3,980 in 2020 to 4,285 in 2021.
Alcohol-impaired driving fatalities surged 16%, and 52.9% of drivers killed in crashes tested positive for drugs, marking a 5.5% decrease in drug-related fatalities. Motorcycle deaths grew by 3%, including a 9% rise in fatalities among riders without helmets. Teen driver fatalities jumped 14.8%, pedestrian fatalities increased 9.4%.
Given the rise in fatalities across various categories, the growing complexity of these cases – including issues related to alcohol, drugs, seatbelt use, and helmet laws – means family members may need expert legal assistance to conduct investigations, gather evidence, navigate insurance claims, and the overall legal process.
Factors that May Impact How Long It Takes to Settle Wrongful Death Claims
Some cases settle in a matter of months, while others may drag on for years. Some important factors come into play:
- Case Complexity: The more complex the case, the longer it may take to resolve. Unclear liability, multiple defendants and complexity of the evidence can all affect how long a case may take to settle.
- Investigation and Discovery: Investigations can take time. The process of investigation and discovery may involve obtaining evidence, talking to witnesses and reviewing medical records among other things. But this process is essential for establishing liability and building a strong case.
- Legal Procedures and Filings: Even if your case doesn’t go to trial, there are still several steps involved, including filing the initial compliant, serving the defendant, filing and responding to motions, and attending hearings.
- Going to Trial: Going to trial may significantly extend a case’s timeframe. Witness lists must be finalized. Motions may need to be filed. And unpredictable court schedules may cause further delays.
A well-prepared wrongful death lawsuit may not be able to bring your loved one back. But it can help you obtain a settlement amount that can provide you and your family with financial stability your loved one would have wanted for you. A skilled wrongful death lawyer can help negotiate the settlement you deserve.
Should You Settle or go to Trial?
Accepting a settlement offer can reduce the time your case takes and provide the family with a sense of closure without going through the emotional toll of a court trial. Most wrongful death cases end in settlement but coming to an agreement can sometimes involve a lengthy back-and-forth process. It can take multiple rounds of counteroffers and discussions to reach a settlement amount.
However, not every party will agree to settle. That means that a wrongful death case may drag out in court. Other times, you may be offered a lowball settlement.
Opting for a trial verdict can potentially mean a more fair and higher compensation amount. Trials provide an opportunity to publicly present the case details. That can be an important factor for families seeking both compensation and justice.
It’s important to note that trials can be lengthy, costly and emotionally draining. Plus, there’s a possibility that the verdict may be less favorable than what might have been obtained through a settlement.
One last note, trial details are public record, which can affect a family’s sense of privacy. Settlements, on the other hand, are private agreements and can be kept confidential if all parties agree.
An experienced wrongful death attorney can help a family deal with the pros and cons of settling or going to trial, keeping in mind any unique circumstances or legal objectives.
How to Expedite a Wrongful Death Claim
Taking proactive measures and efficiently utilizing legal resources can help facilitate the process it takes to settle a wrongful death claim. Some things to keep in mind include:
- Clear and Organized Documentation: Providing thorough, organized documentation such as medical records and evidence can facilitate a quicker understanding of the case.
- Timely Reporting: Prompt reporting to relevant authorities and insurance companies accelerates the investigation portion of the process.
- Cooperating and Communicating: Open communication and cooperation between all parties (i.e. claimants, legal representatives and insurance adjusters) can streamline the process and prevent delays.
- Collaborating with Experts: Working with expert witnesses like forensic specialists and medical professionals can facilitate a case by providing valuable insight and testimony.
- Willing to Settle: A willingness from both parties to negotiate and reach a fair wrongful death settlement can avoid the need for lengthy court proceedings.
Legal professionals who are well-versed in California’s wrongful death laws can ensure a smoother and more efficient handling of the claim, minimizing delays.
Insurance Companies May Cause Delays
Delay Tactic #1: Disputing Fault
In cases where insurers are contesting liability, it isn’t unusual for them to dispute claims to minimize their responsibility for the wrongful death.
Delay Tactic #2: In-depth Claim Investigations
Insurance companies may also intentionally prolong the claims process to conduct thorough investigations. The aim is to minimize any financial liability and ensure they have a full understanding of the circumstances.
Delay Tactic #3: Lengthy Negotiations
Insurance companies play a big part in settling wrongful death claims. They’re involved in negotiating with the attorney representing the victim’s family. These negotiations can be lengthy, especially if the insurance company disputes the claim or offers a settlement amount the wrongful death attorney considers too low.
Delay Tactic #4: Delaying Payouts
Delaying settlements allows insurance companies to hold onto funds longer, potentially earning interest and reducing an overall payout amount. They may also seek to pressure claimants into accepting lower settlements, leveraging time as a negotiating tactic.
Hiring an experienced wrongful death lawyer can help minimize any delays. An experienced attorney understands how to efficiently navigate the legal system, effectively negotiate with insurance companies and push the case forward to avoid unnecessary delays.
How Long Will It Take to Get Your Money?
You’ve successfully settled a wrongful death lawsuit. How long will it take before you receive compensation? Typically, it can take between four to six weeks to receive settlement money. However, this timeframe can vary. A wrongful death attorney can keep you updated with any timelines.
Speak With an Experienced Wrongful Death Attorney Today
If you have experienced a loss caused by someone else’s negligence or recklessness, you need good personal injury lawyer to help you get through the process of filing a wrongful death lawsuit and obtaining the much-deserved compensation.
El Dabe Ritter Trial Lawyers can help establish if you have a case and guide you through the wrongful death lawsuit timeline. Our experience with wrongful death claims means we will handle this sensitive matter with the compassion and understanding you deserve, all while working to obtain the best compensation for you and your family. Call or fill out the form below to schedule a free case evaluation.