"How Long Will A Wrongful Death Lawsuit Take?" And Other Questions

Posted on: 8 January 2021

Car accidents, animal attacks, and product defects are all examples of situations that could take someone's life. When an individual loses their life due to negligence, the surviving relatives may be entitled to compensation. These cases are referred to as wrongful death cases. If you are facing a potential wrongful death case with the help of a law firm that handles these unique cases, you probably have a few questions. Here are a few things you may want to know. 

How long will a wrongful death lawsuit take?

Wrongful death lawsuits can involve a substantial amount of evidence to cover. In addition, since the individual who lost their life is not able to speak on behalf of what took place, gathering evidence can take longer in some cases. Therefore, these personal injury lawsuits can be a bit more time-consuming than a standard claim. While rarely a wrongful death claim can be settled in a matter of months, it is more common for these claims to take a few years. 

Do wrongful death claims usually go to trial or get settled?

In general, most personal injury claims do get settled before they ever have to go to trial. Normally, the entity being sued prefers to stay out of court if possible to avoid negative attention and more costs. Therefore, if the evidence in your case is looking pretty substantial, a settlement becomes the most financially logical option for the entity being sued. This is why it is so pertinent that you work with a skilled wrongful death lawyer; the legal professional will go to great lengths to cover all evidence in your claim and give the impression a settlement is the best choice. 

How will the wrongful death lawyer prove the case?

Most wrongful death attorneys will be working to prove key elements in your claim, such as: 

  • Some level of negligence caused the death 
  • The negligence was the direct causation factor and not some indirect factor
  • A breach of professional or personal duty took place 

In addition, the attorney will be collecting evidence to show the damages sustained due to the loss of life. Without damages, there can be no claim. For instance, if you lost your spouse due to the negligence of another party, you have lost significant financial support for yourself and perhaps your children. Therefore, the attorney will be working toward establishing just how much your family has lost.

Reach out to a wrongful death law firm in your area for more information.