Legal Guide

How Long Does a Wrongful Death Case Take?

When a family member dies early due to another person's irresponsibility, the remaining family members frequently have difficulty coping with the loss. As a result, the family should search out the person or company responsible for the unfortunate death by bringing a wrongful death case.

The time it takes to file a personal injury or wrongful death lawsuit varies and is dependent on various other circumstances. Some cases are settled in months, while others take significantly longer (over a year). The majority of cases are handled outside of the courts, yet settling your case might still take a long time while your lawyers perform an investigation to establish the facts of the case.

A wrongful death claim is a legal action brought by a surviving family member against the person or entity that led to losing their loved one via their inaction or negligence.

Types of wrongful death lawsuits:

  • Workplace accidents
  • Product liability
  • Motorcycle accidents
  • Slip and fall cases
  • Automobile Accidents
  • Truck Accidents
  • Medical malpractice

Who Should File the Fase?

Filing a wrongful death lawsuit might be difficult when it comes to presenting the case to the court. If the deceased left a will, the family members should pick who shall represent them in the case. If there is no designated person to stand in for the dead, the court has the authority to decide or choose who can represent them in court. The representative's role is limited to recouping the deceased's loss.

When is the Right Time to File the Case?

According to the law, a wrongful death claim must be brought within two years of the deceased's death. This is the time for the family to gather information about the case and look for an experienced attorney who can handle their case correctly. On this timeline, there are a few exceptions, but they are rare. If you do not file your case by the deadline, it will be considered null and void, and you will not be heard.

What is the Timeframe for Case Settlement?

The majority of wrongful death claims take one to four years to complete. However, this isn't the case in every situation. Legal court proceedings take time and vary in complexity, with some cases taking as little as one month and others taking significantly longer than most other cases.

An insurance provider is the most usual way to settle your lawsuit.

Instead of going to court, the accused person or entity will attempt to resolve the matter outside of it. The insurance company will try to keep the situation from getting out of hand by offering a proposal to all parties involved and, as a consequence, reaching an agreement on a price that everyone can live with. The defendants will always prefer to settle the matter as quickly as possible to avoid going to court, which will compel them to spend a substantial amount of time in court trying to prove their innocence, which can be fruitless at times. As the plaintiff, you should not be swayed by low-ball settlement offers; instead, you should seek the assistance of an experienced attorney to analyze your case.

Look for a competent attorney for Justice

Looking for a competent lawyer can help you establish the strength of the case and evaluate the amount of compensation that the surviving family should be entitled to receive. The lawyer will put together the facts and evidence to prove the defendant's wrongful action and, after that, seek compensation for the damages the family has suffered.

To learn more about how to build a solid case, go to https://www.murraylaw.net/wrongful-death/.

Hiring a qualified lawyer can help you uncover factors that could obstruct or slow down your case. Every state has its own set of rules regarding family members who can file a compensation claim. Aside from that, the foreclosure process imposes different restrictions depending on the state.  As a result, the time limits for launching a lawsuit for living family members and the deceased's estate differ.

Image via pexels


comments powered by Disqus