How Long Does a Wrongful Death Case Take? An Attorney Explains

Losing a loved one due to another's negligence is one of the most agonising experiences one can ever have, and seeking justice in a wrongful death action might seem impossible. One of the biggest questions families want answered is, "How long does it take for a wrongful death case?" A wrongful death attorney says the amount of time may be affected by several factors, including the complexity of the case, the defendant's willingness to settle, and the court process in your state. As distinctive as the case might be, an insight into the common sequence of a wrongful death case may help with realistic anticipation.

The Key Factors of The Duration of a Wrongful Death Case

The duration of a wrongful death suit relies on some factors, including:

1. Investigation and Preparation of the Case

Attorneys will need to procure evidence, take statements from witnesses, obtain medical records, and read accident reports before submitting the case. The procedure may last anywhere from a few months to one year based on evidence availability and co-operativeness of concerned parties.

2. Filing the Lawsuit

After sufficient evidence has been collected, the case is argued in court. The defendant has a set amount of time (usually 30-60 days) to react. If the defendant denies the claim, then the case becomes more complicated and time-consuming.

3. Discovery Phase

The discovery phase is one of the longest phases of a wrongful death case. Both sides share information, ask for documents, and take depositions (official statements from witnesses). The process may take several months to more than a year, depending on how cooperative each side is.

4. Negotiations and Settlement Talks

The majority of the wrongful death cases are settled and not taken to court. If the two parties agree on compensation, the case is settled within a few months. But if the negotiations break down, the case is taken to trial, which takes much longer.

5. Trial Process

If there is no settlement, the case is tried, which takes one to two years longer. Trials include court hearings, jury selection, witness testimony, and legal arguments, all of which must be well prepared. Furthermore, court schedules can introduce additional delays.

6. Appeals (If Necessary)

If there is any displeasure from either side with the trial ruling, then they will appeal, so the case might be stretched some additional months or even years. Appeals are fewer in number but can contribute tremendously to how lengthy a wrongful death case may prove to be in total.

Average Timeline for a Wrongful Death Case

Although there is no normal time frame for each wrongful death case, they are all solved within one to four years. The earlier cases are solved within six months to a year, while the cases that reach the trial stage will take significantly longer.

Can You Speed Up the Process?

Although certain elements of a wrongful death claim are out of your hands, there are measures you can take to reduce delays:

Hire an Experienced Attorney: An experienced wrongful death attorney can make the process easier, collect evidence effectively, and negotiate on your behalf.
Gather Evidence Early: The earlier crucial evidence is obtained, the better your case will be.
Stay Organized and Responsive: The timely furnishing of documents, statements, and other required information can assist in avoiding delays.
Consider Mediation: Other forms of deciding a case, including mediation, will be quicker than a trial in full.

Wrapping Up

If you've been pondering, "How long is a wrongful death case?" A lawyer describes each case as having a different dynamic that can be determined by various legal and procedural elements. There are those which will take a year, and others will take even more time because of court delays, legal disputes, or appeals. The easiest way to have a smooth process is to hire a qualified wrongful death attorney who will walk you through the entire process.

If your loved one passed away as a result of negligence, pursuing justice is necessary. Although the process is time-consuming, an experienced attorney can assist you in the battle for the compensation and closure that you deserve.