Losing a loved one due to someone else’s negligence is a heartbreaking and traumatic experience. In such instances, many families pursue a wrongful death lawsuit to seek justice and compensation. But how long does a wrongful death lawsuit typically take?
Typical Timeframes for a Wrongful Death Lawsuit
There is no one-size-fits-all answer to how long a wrongful death lawsuit takes, but generally, these cases can take anywhere from several months to a few years to resolve. A straightforward case that settles without going to trial might take between six months and a year. However, if the case goes to trial, the timeframe could extend to a few years.
The Stages of a Wrongful Death Lawsuit
The first step in any wrongful death case is conducting an investigation to gather evidence supporting the claim. This might involve collecting medical records, police reports and witness statements. It sometimes requires expert testimony to establish liability. The more complicated the case, the longer this stage can take. For example, cases involving medical malpractice or large corporations often require extensive investigation.
After compiling the evidence, you must file the lawsuit. Filing a wrongful death lawsuit also requires adherence to the statute of limitations, which varies by state.
Discovery Phase
After the filing of the lawsuit, the case enters the discovery phase. During discovery, both parties exchange evidence and gather additional information to build their respective cases. This can involve depositions, interrogatories and requests for documents. The discovery phase is one of the longest parts of a wrongful death lawsuit.
If the lawsuit involves multiple parties, or if there is a significant amount of evidence to review, discovery can take much longer. Moreover, delays can occur if one party fails to respond to discovery requests or if there are disputes over the disclosure of evidence.
Negotiations and Settlement Talks
Many wrongful death cases get resolved through settlement negotiations before reaching trial. Once the discovery phase concludes, both sides typically engage in settlement discussions to avoid the time and expense of going to court. Settlement negotiations can take weeks or months, depending on the willingness of both parties to compromise.
In some cases, the parties may engage in mediation, where a neutral third party helps facilitate discussions. The case can be resolved relatively quickly if all parties reach a settlement during this stage. However, if negotiations fail, the case proceeds to trial, which significantly extends the timeline.
Going to Trial
If all parties involved cannot reach a settlement, the wrongful death case will go to trial. The trial process is often the most time-consuming part of the lawsuit. It may take months to schedule a hearing. Once the trial begins, it could last anywhere from several days to a few weeks, depending on the case and the number of witnesses.
After a trial, the case may not be over. Either party may appeal the decision, which could drag the case on for another year or more. The appeals process can be lengthy, as it involves additional legal filings, hearings and potentially another round of litigation.
Factors That Influence the Length of a Wrongful Death Lawsuit
Several factors can influence how long a wrongful death lawsuit takes. These include how complicated the case is, the parties’ willingness to settle, and court availability.
Case Complexity
Simpler cases, such as those involving clear liability, tend to resolve more quickly. However, cases involving medical malpractice, defective products or large companies can take much longer due to the need for expert witnesses, more extensive discovery, and the task of proving negligence.
Willingness to Settle
The parties’ willingness to settle can also impact the timeline. In many cases, avoiding the costs and uncertainty of a trial may motivate defendants (and their insurance companies) to settle the case quickly. On the other hand, some defendants may refuse to settle, believing they have a strong case or that they can minimize the payout. In such situations, the case may take longer to resolve.
Court Availability and Scheduling
The availability of the court system can also affect how long a wrongful death lawsuit takes. Courts are often overburdened with cases, leading to scheduling delays. In some jurisdictions, it may take several months or even a year to get a trial date. Additionally, if either party requests postponements or delays, this can further extend the process.
Why Do Wrongful Death Cases Take So Long?
Unlike simpler claims where liability is clear-cut, wrongful death cases require a thorough investigation to establish fault, particularly when there are multiple parties involved or the circumstances of the death are unclear. Extensive investigations, legal and financial issues and delays in negotiations and settlements are a few of the factors that can cause wrongful death cases to take so long.
Extensive Investigations
Before a wrongful death lawsuit can move forward, an investigation must determine who is at fault. This investigation may include gathering medical records, consulting experts, reviewing police reports and reconstructing accidents. When the cause of death isn’t immediately clear or when several parties may share liability, this investigative phase can take months or longer to complete.
Legal and Financial Issues
Wrongful death lawsuits often involve complicated legal theories and financial calculations. In addition to proving negligence, attorneys must calculate damages for not only the deceased’s medical and funeral expenses but also for lost income, companionship and other less tangible forms of loss. Valuing these damages accurately can be lengthy, particularly when life expectancies and long-term earnings are factors.
Negotiations and Settlement Delays
Insurance companies and defendants in wrongful death cases may intentionally delay negotiations in the hope that plaintiffs will accept a lower settlement. These tactics can cause negotiations to drag on for months. Defendants may also dispute liability, which prolongs the back-and-forth between both parties. Additionally, wrongful death settlements often involve significant amounts of money, making both sides more cautious and meticulous.
When Should You Expect a Resolution?
As noted, wrongful death lawsuits typically take between six months to several years, depending on the type of case and whether the case goes to trial. While it can be difficult to predict the exact timeframe, your attorney can provide a more tailored estimate based on the specifics of your case.
At Sargon Law Group, we understand that the uncertainty surrounding a wrongful death lawsuit can add to the pain and stress of losing a loved one. We work diligently to move cases forward as quickly as possible while ensuring that we build a strong case to maximize the compensation available to you.
Our Phoenix injury attorneys have experience handling cases in Arizona, California, New Mexico, and Colorado, and we are committed to supporting families through every step of the process.
A Wrongful Death Lawsuit Takes Time – We Can Help
If you’ve lost a loved one in an accident, you may be wondering how long a wrongful death lawsuit takes. The Phoenix wrongful death attorneys at Sargon Law Group are here to help you receive the compensation you deserve. Contact us today for a free consultation.