How Long Does a Wrongful Death Lawsuit Take To Settle?

When you lose a loved one due to unforeseen and wrongful circumstances, it can be difficult to process your grief while you figure out your next steps. If you’ve spoken to an injury attorney and confirmed that you have a valid case for wrongful death, it’s best to get the legal process started as soon as possible.

At this point in the process, your head may be full of questions. What happens next? How long does a wrongful death lawsuit take to settle? Rossman Law Group is here to answer your most pressing questions, so you can grieve and begin the healing process.

Gathering Information

In the days and weeks immediately following your loved one’s death, it can be tricky to quantify just how much of a settlement you’re entitled to. The purpose of a settlement is to compensate you for economic damages (like your deceased loved one’s medical bills) and non-economic damages (like your loss of companionship).

However, it can take some time to quantify those losses. Your attorney will advise you to hang on to every bill you receive related to your loved one’s illness or injury. This encompasses both medical bills and funeral expenses. The goal is to add up all the money that was spent on the ordeal to arrive at a fair settlement amount.

This part of the process can take anywhere from a few weeks to a few months. Resist the temptation to take the first settlement offer that comes in, just to have it all over with. A few years down the line, you may realize you took a lowball settlement offer that doesn’t even begin to compensate you.

Quick Isn’t Always Good

Once the defendant has been made aware that you are suing them for your loved one’s wrongful death, their insurance company may reach out to you. They may be friendly, non-confrontational, and eager to “help” you process your grief. They may even have a settlement offer ready for you to accept!

Avoid talking to anybody associated with the defendant without your attorney present. A savvy wrongful death attorney in Boise, Idaho will be able to recognize a lowball offer and advise you not to take it.

When an insurance company offers to settle early in the lawsuit process, their goal is to end the ordeal as soon as possible. They want you to drop the lawsuit and leave them alone, and they know you’re distracted with grief. They’re counting on you taking that initial offer so that they can avoid giving you the compensation you truly deserve.

If you do take the first settlement offer that comes in, you may regret it. Months or years down the line, you’ll realize that between all the bills and your emotional suffering, you weren’t given adequate compensation at all.

You may feel impatient during the wrongful death lawsuit process, and it’s understandable. You want to focus on healing from your grief, but fast-forwarding through the lawsuit may end up doing more harm than good. Follow your attorney’s advice and trust the legal process to bring you justice in time.

What if No One Admits Fault?

When the defendant’s insurance company contacts you with the settlement offer, like in the scenario described above, that means they’re acknowledging their role in your loved one’s death. However, that’s not always the case. People don’t like being accused of causing another person to die.

If the defendant refuses to admit any fault in your loved one’s wrongful death, the process can slow down significantly as both sides prepare to go to trial. It’s not as flashy or dramatic as a murder trial—wrongful death is a civil charge, not a criminal one—but it can be just as complicated.

At this point, your attorney will begin a more in-depth investigation. They will want copies of all bills and paperwork related to the wrongful death, and they will want to talk to everyone involved in the incident. For example, if the wrongful death occurred in a car accident, they’ll want to talk to witnesses and look at police reports and toxicology results, if applicable.

The investigation process alone may take several months—or even longer. The more people involved, the longer it will take. After that, attorneys on both sides will begin the discovery stage, wherein they exchange the evidence and information they intend to use at trial.

Going to Trial

The actual trial phase of a wrongful death suit is often the quickest part. It can last anywhere from a couple hours to several days.

However, many wrongful death lawsuits never make it to court. Nobody likes being a defendant! If the wrongful death occurred due to medical malpractice, the hospital will want to avoid the negative PR associated with a trial. The same goes for auto parts manufacturers, public transportation companies, and any other large entity you may be suing for wrongful death. They don’t want their names on paper for their role in your loved one’s death.

If you and your attorney show that you mean business by preparing for trial, you may end up getting more reasonable settlement offers at this point. The defendant may reach out to you through your attorney to set up a meeting.

Reaching a Settlement

In the event that you and your attorney meet with the defendant to discuss settlement terms, you will most likely do so through arbitration or mediation. Both processes are designed to help the two parties come to an agreement as smoothly as possible.

Arbitration is more similar to a trial than mediation, with the arbitrator serving as a “judge” with the power to decide on your settlement amount. Mediation leaves the end result up to both parties; you don’t end the mediation process until you and the defendant can agree on an amount.

In summation, how long a wrongful death suit takes to settle depends on a variety of factors, like the number of people involved and the defendant’s willingness to admit fault. From the date of your loved one’s death to the date you get your settlement, the process can take a few months—or a few years.

To ensure that the process goes as smoothly as possible, hire a smart and empathetic wrongful death attorney from Rossman Law Group. We’ll help you through every step of the lawsuit process and encourage you to be an active participant in the case.