Wrongful death lawsuits are complex legal processes that can take months or even years to resolve. Many clients ask us, “How long does a wrongful death lawsuit take?” The answer depends on various factors unique to each case.
At Impact Attorneys, we understand the emotional and financial toll these lawsuits can have on families. This post will break down the typical timeline and factors that influence the duration of wrongful death cases.
What Affects Wrongful Death Lawsuit Duration?
Wrongful death lawsuits can vary significantly in length, often taking anywhere from several months to several years to resolve. Several factors influence the timeline of these complex cases.
Case Complexity
The intricacy of the case directly impacts its resolution time. Medical malpractice wrongful death cases, for example, often involve extensive medical records, expert testimonies, and complex legal arguments. Notably, the median damage award for death in medical malpractice cases was nearly 50 percent smaller than the median award in other wrongful death cases.
Multiple Parties
When multiple defendants are involved (such as in a multi-vehicle accident or a case involving both a negligent driver and a faulty vehicle part), the lawsuit duration often increases. Each party may have separate legal representation, which leads to more complex negotiations and longer discovery periods.
Evidence Gathering
The amount and type of evidence required can significantly impact case duration. In some instances, we must wait for official reports, such as those from the National Transportation Safety Board in aviation accidents, which can take up to a year to complete. The process of obtaining and analyzing surveillance footage, medical records, and expert opinions also requires substantial time.
Court Schedules
Court backlogs can substantially extend the timeline of a wrongful death lawsuit. In some jurisdictions, it may take 12-18 months just to get a trial date. The COVID-19 pandemic has exacerbated this issue, causing serious disruptions to justice systems worldwide and forcing courts to act quickly to address the challenges.
Legal Representation
The experience and efficiency of the legal team handling the case can significantly influence its duration. Attorneys who specialize in wrongful death cases often have streamlined processes and established relationships that can expedite certain aspects of the lawsuit. They know how to navigate complex legal procedures and can anticipate potential roadblocks.
While these factors can extend the duration of a wrongful death lawsuit, working with experienced attorneys helps streamline the process. The next section will outline the typical timeline of a wrongful death lawsuit, providing a clearer picture of what to expect during each phase of the legal proceedings.
How Long Does Each Stage of a Wrongful Death Lawsuit Take?
Wrongful death lawsuits unfold in several distinct stages, each with its own timeline. Understanding these stages will help you set realistic expectations for your case.
Initial Investigation and Filing (1-3 months)
The process starts with a thorough investigation. During this time, we gather evidence, interview witnesses, and consult experts to build a strong foundation for your case. This stage sets the tone for the entire lawsuit.
After we collect sufficient evidence, we file the lawsuit. This involves drafting and submitting a complaint to the court, which officially starts the legal process. The defendants then have a set period (typically 30 days) to respond to the complaint.
Discovery Phase (6-12 months)
The discovery process is an essential phase of a wrongful death claim. It allows both parties-the claimant and the defendant-to gather relevant information. This stage involves both parties exchanging information and evidence related to the case. It includes:
- Interrogatories: Written questions that parties must answer under oath
- Depositions: Oral testimonies given under oath
- Document requests: Sharing of relevant records and documents
The duration of this phase can vary significantly depending on the case complexity and the cooperation of the involved parties. In some instances, it may extend beyond a year, especially if disputes arise over the shared information.
Pre-trial Motions and Negotiations (3-6 months)
Following discovery, both sides usually file various pre-trial motions. These can include motions to dismiss certain claims or exclude specific evidence.
Simultaneously, settlement negotiations often occur during this period. Many wrongful death cases resolve through settlements, avoiding the need for a trial. According to recent data, only about 4% to 5% of all cases go to trial, with 95% to 96% of cases being settled out of court or dropped.
Trial and Verdict (1-4 weeks)
If the parties don’t reach a settlement, the case proceeds to trial. The trial itself usually lasts 1-4 weeks, depending on the case complexity and the number of witnesses involved. However, reaching this stage can take 18-24 months from the initial filing due to court schedules and backlogs.
It’s important to note that even after a verdict, the losing party may file an appeal, which can extend the process by several more months or even years.
While these timelines provide a general framework, each wrongful death case is unique. Factors such as the jurisdiction, the specific circumstances of the death, and the strategies employed by both sides can significantly impact the duration of each stage. The next section will explore strategies to potentially expedite the wrongful death lawsuit process.
How to Speed Up a Wrongful Death Lawsuit
Prompt and Thorough Evidence Collection
The foundation of any successful wrongful death lawsuit is strong evidence. We advise our clients to start collecting evidence immediately after the incident. This includes:
- Photographs of the accident scene
- Witness statements
- Police reports
- Medical records
- Any relevant communication (emails, text messages)
Quick action preserves crucial information that might otherwise be lost or altered over time. In wrongful death litigation, establishing a clean and uninterrupted chain of custody for all case evidence is vital.
Effective Communication
Clear, consistent communication between all parties can significantly streamline the legal process. This includes regular updates with your attorney, prompt responses to requests for information, and open dialogue with insurance companies when appropriate.
Prioritize keeping informed and involved throughout the entire process.
Alternative Dispute Resolution
While some cases must go to trial, many can resolve through alternative dispute resolution methods like mediation or arbitration. These approaches often lead to faster resolutions.
However, it’s important to weigh the potential benefits of a quicker resolution against the possibility of a larger award at trial.
Experienced Legal Representation
Perhaps the most impactful way to expedite a wrongful death lawsuit is to work with attorneys who specialize in these cases. Experienced lawyers have established relationships with expert witnesses, understand court procedures, and can anticipate potential roadblocks.
Specialists (62%) are sued more often than primary care doctors (52%). Attorneys who focus on personal injury and wrongful death cases can navigate these complex legal waters efficiently.
Strategic Case Management
Effective case management can significantly reduce the time it takes to resolve a wrongful death lawsuit. This includes:
- Setting clear timelines and deadlines
- Proactively addressing potential obstacles
- Utilizing technology for efficient document management
- Maintaining organized case files
These strategies can help speed up the process, but it’s important not to sacrifice the quality of your case for speed. A thorough, well-prepared case often leads to better outcomes, even if it takes a bit longer. The goal is to strike a balance between efficiency and effectiveness in pursuing justice for your loved one.
Final Thoughts
Wrongful death lawsuits typically take 1 to 3 years to resolve, but this timeline can vary based on each case’s unique circumstances. The journey from filing to resolution involves multiple stages, each with its own challenges and timeframes. Patience and persistence are key virtues throughout this process, as thoroughness often leads to better outcomes.
The legal system may move slowly, but it aims to ensure fairness and justice for all parties involved. Navigating a wrongful death lawsuit can overwhelm families, especially during a time of grief. Experienced legal representation becomes invaluable in guiding families through this challenging process efficiently and effectively.
At Impact Attorneys, we specialize in wrongful death cases and work tirelessly to expedite proceedings without compromising the quality of representation. Our team handles all aspects of your case, from evidence gathering to negotiation and trial representation (if necessary). We strive to secure the maximum compensation you deserve while minimizing the stress and duration of the legal process.
