Trial Attorney Blog
Losing a loved one because of another person’s negligence can leave families facing emotional pain, financial hardship, and uncertainty about the future.
In addition to grieving, families may need to deal with medical bills, funeral expenses, lost income, insurance companies, and legal questions.
One of the most common questions families ask is how long a wrongful death case may take.
The answer depends on many factors, including the complexity of the case, the number of parties involved, the amount of evidence, and whether the case settles or goes to trial.
People who want to learn more about their legal rights can visit the Wrongful Death service page for additional information.
Why Wrongful Death Cases Can Take Time
Wrongful death claims are often more complicated than other personal injury cases.
Because the injured person is no longer able to provide information about what happened, attorneys often need to rely on accident reports, witness statements, medical records, expert opinions, photographs, and other evidence.
In some cases, multiple parties may share responsibility for the death.
For example, a wrongful death case involving a truck accident may include the truck driver, trucking company, maintenance provider, or cargo company.
A medical negligence case may involve doctors, nurses, hospitals, and other healthcare providers.
The more parties involved, the more time it may take to investigate and resolve the claim.
The Initial Investigation Stage
The first stage of a wrongful death case is usually the investigation.
Attorneys may gather police reports, medical records, autopsy reports, witness statements, photographs, videos, employment records, insurance information, and other evidence.
In some cases, accident reconstruction experts, medical professionals, or financial experts may also be involved.
The investigation stage may take several weeks or several months depending on the complexity of the case.
Cases involving disputed liability, serious injuries before death, or large amounts of evidence may take longer.
Acting quickly is important because evidence may disappear over time.
Surveillance footage may be deleted, witnesses may become harder to locate, and records may be lost.
How Filing Deadlines Affect The Timeline
Georgia generally has a two-year statute of limitations for wrongful death claims.
This means families usually have two years from the date of death to file a lawsuit.
However, some situations may extend or pause the deadline.
For example, a pending criminal investigation, probate matter, or claim involving a government entity may affect the timeline.
Even though families may have up to two years to file, it is usually better to begin the process as early as possible.
Starting early may help preserve evidence and strengthen the case.
Settlement Negotiations Before A Lawsuit
Some wrongful death cases are resolved before a lawsuit is filed.
Once attorneys gather enough evidence, they may begin negotiating with the insurance company.
Settlement negotiations often involve reviewing medical bills, funeral expenses, lost future income, and the full value of the deceased person’s life.
Insurance companies may request documents and make settlement offers.
In some cases, both sides may reach an agreement relatively quickly.
However, insurance companies may also dispute fault or argue that the claim is worth less than the family believes.
Settlement negotiations may take weeks or several months depending on the facts of the case.
What Happens After A Lawsuit Is Filed
If the insurance company refuses to offer fair compensation, filing a lawsuit may become necessary.
After the lawsuit is filed, both sides enter the discovery phase.
Discovery is the stage where attorneys exchange information and gather additional evidence.
This process may include written questions, requests for documents, depositions, and expert witness reports.
Witnesses may be questioned under oath. Medical experts, accident reconstruction specialists, economists, and other professionals may also provide testimony.
The discovery phase can take several months.
Cases involving multiple defendants, large amounts of evidence, or disputed facts may take longer.
Mediation And Settlement Discussions
Many wrongful death cases go through mediation before trial.
Mediation is a process where both sides meet with a neutral third party to try to reach a settlement.
Mediation may happen after discovery or shortly before trial.
Some cases settle during mediation because both sides want to avoid the uncertainty, cost, and emotional stress of trial.
However, not every case settles. If the defendant denies responsibility or refuses to make a reasonable offer, the case may continue.
Families should carefully review any settlement offer before accepting it because they usually cannot pursue additional compensation later.
How Long A Wrongful Death Trial May Take
If the case goes to trial, the process may take much longer.
Some wrongful death trials last a few days.
Others may last several weeks depending on the complexity of the case.
After the trial ends, the judge or jury may take additional time to reach a decision.
In some cases, the losing party may file an appeal.
An appeal can extend the timeline by several more months or even longer.
Although trials may take time, they may be necessary if the family cannot obtain fair compensation through settlement.
Factors That May Affect The Timeline
Several factors may affect how long a wrongful death case takes.
Cases involving disputed liability, multiple defendants, serious injuries before death, criminal investigations, or complicated financial issues may take longer.
The willingness of the insurance company to negotiate may also affect the timeline.
Some families want to resolve the case quickly.
Others may prefer to continue negotiations or go to trial if the settlement offer is too low.
Every case is different. Because of this, it is difficult to predict exactly how long a wrongful death claim may take.
How Finch McCranie LLP Can Help
Wrongful death cases can be stressful because families are dealing with grief while also trying to understand legal deadlines, insurance issues, and financial concerns.
Having legal guidance can make the process easier to manage.
Finch McCranie LLP helps families investigate wrongful death claims, gather evidence, identify liable parties, and pursue compensation.
The firm can guide clients through each stage of the legal process and help them understand what may affect the timeline of their case.
If you lost a loved one because of someone else’s negligence, Finch McCranie LLP can help you better understand what options may be available.
FAQs
How long does a wrongful death case usually take?
Some wrongful death cases may resolve within several months, while others may take a year or longer. The timeline depends on the complexity of the case, the amount of evidence, and whether the case settles or goes to trial.
What can delay a wrongful death case?
Delays may happen if there are multiple defendants, disputed liability, large amounts of evidence, criminal investigations, or disagreements about settlement.
Do all wrongful death cases go to trial?
Many wrongful death cases settle before trial. However, some cases may require litigation if the insurance company refuses to offer fair compensation.
What happens if there is a criminal investigation?
A criminal investigation may affect the timeline of the civil wrongful death case. However, the family may still have the right to pursue compensation.
Can a wrongful death case settle before a lawsuit is filed?
Some wrongful death claims are resolved through settlement negotiations before a lawsuit becomes necessary.