How Long Does It Take for a Wrongful Death Lawyer to Resolve a Case?

Losing a loved one due to someone else’s negligence or wrongful act is one of the most painful experiences anyone can go through. In such tragic situations, pursuing justice through a wrongful death claim can help families secure compensation for their loss. However, one of the most pressing questions that families often ask their wrongful death lawyer is: “How long does it take to resolve a case?”

While there is no one-size-fits-all answer, understanding the factors involved in the legal process can provide clarity on the timeline. This blog will explore the various aspects that influence the duration of a wrongful death case, the role of a Workers Compensation attorney in such cases, and the steps you can take to ensure your case progresses efficiently.

Understanding Wrongful Death Claims

What Is a Wrongful Death Claim?

A wrongful death claim arises when someone dies as a result of the negligence, recklessness, or intentional misconduct of another party. The surviving family members, such as spouses, children, or parents, can file a lawsuit seeking compensation for their loss. Compensation may cover medical expenses, funeral costs, loss of income, emotional suffering, and loss of companionship.

In many cases, wrongful death claims are filed in the context of:

• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Criminal acts

The Role of a Wrongful Death Lawyer

A wrongful death lawyer specializes in representing families who have lost a loved one due to the wrongful actions of others. These attorneys work to prove liability, negotiate settlements, and if necessary, take the case to trial. The timeline of a wrongful death case largely depends on the complexity of proving fault, the cooperation of the responsible party, and the legal system’s procedures.

Key Factors Affecting the Duration of a Wrongful Death Case

Resolving a wrongful death case can take anywhere from a few months to several years, depending on a range of factors. Let’s explore the main variables that influence the timeline.

1. The Complexity of the Case

The more complex the wrongful death case, the longer it will take to resolve. Complexity can arise from several factors, including:

• Multiple defendants: Cases involving several parties responsible for the death (e.g., in product liability or multi-car accidents) may take longer because the attorney must prove the fault of each party.
• Disputed liability: If the defendant denies responsibility or if there is uncertainty about who is at fault, gathering evidence to prove liability can significantly extend the process.
• In-depth investigations: Complex cases often require extensive investigations, expert witness testimony, and medical reports, all of which can take time to compile.

2. The Legal Process: Pre-Litigation vs. Litigation

The legal process for wrongful death cases can be divided into two main stages: pre-litigation and litigation. Each stage has a different timeline.

Pre-Litigation

In many cases, a wrongful death claim can be resolved before it goes to trial, during the pre-litigation phase. This phase includes:

• Filing the claim: After gathering the necessary evidence, your lawyer will file the wrongful death claim on your behalf.
• Settlement negotiations: During pre-litigation, both parties may attempt to reach a settlement without going to court. Settlement negotiations can take several weeks or months, depending on how willing the defendant’s insurance company or legal team is to offer a fair amount of compensation.
• Mediation or arbitration: In some cases, the parties may opt for mediation or arbitration to resolve the dispute. This is generally faster than a trial but still requires time to schedule meetings and agree on terms.

Resolving the case during the pre-litigation stage can significantly shorten the overall timeline, often concluding in a matter of months if both parties cooperate. However, if a fair settlement cannot be reached, the case may move to the litigation stage.

Litigation

If settlement negotiations fail, your wrongful death lawyer may recommend filing a lawsuit, leading to the litigation process. Litigation typically involves:

• Discovery: This phase allows both parties to gather information from each other, including depositions, witness interviews, and document requests. Discovery can take several months, especially if either party requests additional information.
• Pre-trial motions: Before the trial begins, both parties may file motions to dismiss certain evidence or aspects of the case. Pre-trial motions add additional time to the process.
• Trial: If the case goes to trial, it can take days, weeks, or even months, depending on the complexity of the case. After the trial, it may take additional time for the court to issue a verdict.

While litigation offers the possibility of a larger settlement or verdict, it is also much more time-consuming and expensive.

3. Cooperation of the Defendants and Insurance Companies

The attitude and cooperation of the defendants and their insurance companies play a significant role in the length of the case. If the defendant acknowledges their liability and is willing to negotiate in good faith, the process can be relatively quick.

However, if the defendant disputes liability or if the insurance company delays the claim with lowball offers, denials, or unnecessary requests for documentation, the case can be dragged out. In these instances, your wrongful death lawyer may need to file additional motions or go to trial to secure fair compensation, adding months or years to the timeline.

4. The Court’s Schedule

The availability of the court can also impact how long your case takes to resolve. If your case goes to trial, it depends on the court’s schedule, the judge’s availability, and any potential delays due to backlog in the system.

Delays in court proceedings may arise from:

• Busy court dockets: Some courts have heavy caseloads, which means it may take months or even years for your case to be heard.
• Continuances: Both parties may request continuances, or delays, to gather more information or prepare their case, further extending the process.

5. Settlements vs. Trial Verdicts

Most wrongful death cases are settled out of court. A settlement occurs when both parties agree on compensation without going to trial. Settlements are often faster, allowing families to secure compensation more quickly without the need for lengthy litigation.

Trials, on the other hand, can take significantly longer, as they involve not only preparation for the trial itself but also post-trial motions and the possibility of appeals.

• Settlements: These can be resolved in a few months to a year if both parties agree to the terms quickly.
• Trial verdicts: If the case goes to trial and is not settled, the process can extend for multiple years due to court scheduling and potential appeals.

6. Workers Compensation Attorney Involvement

In wrongful death cases involving workplace accidents, a Workers Compensation attorney may also be involved. When a worker dies due to a job-related injury or illness, the family may be entitled to workers’ compensation death benefits. These benefits typically cover funeral expenses, lost wages, and certain other damages.

However, pursuing a wrongful death claim alongside or in addition to a workers’ compensation claim can add complexity to the case. Workers Compensation attorneys often coordinate with wrongful death lawyer Peoria to ensure that the family receives both workers’ compensation benefits and additional compensation through a wrongful death lawsuit, which can extend the timeline of the case.

• Workers Compensation claims: These are usually processed faster, but pursuing both types of compensation may require additional legal steps, such as demonstrating that the employer was at fault for the death, which can prolong the process.

Steps to Expedite a Wrongful Death Case

While some factors are beyond your control, there are steps you can take to help your wrongful death lawyer expedite your case.

1. Provide All Necessary Documentation

Your wrongful death lawyer will need specific documentation to build your case, such as medical records, police reports, witness statements, and financial documents. Providing these as quickly as possible can help avoid delays.

2. Maintain Open Communication

Staying in touch with your attorney and responding to their requests promptly can prevent unnecessary hold-ups. Delays in communication between the lawyer and client can slow down the case.

3. Consider Mediation or Arbitration

If both parties are open to negotiation, mediation or arbitration can resolve the case faster than going to trial. These processes provide a neutral setting for negotiations and often lead to settlements that satisfy both parties.

4. Follow Your Attorney’s Guidance

Trusting your wrongful death lawyer’s expertise and following their advice can prevent common pitfalls that prolong cases. For instance, rejecting reasonable settlement offers can lead to longer litigation times, while accepting an appropriate offer could resolve the case sooner.

The timeline for resolving a wrongful death case can vary widely, from several months to several years, depending on various factors such as the complexity of the case, the cooperation of the defendants, the legal process, and the court’s schedule. While every case is unique, understanding the stages and variables that affect the duration can provide clarity and help set realistic expectations.

Working closely with an experienced wrongful death lawyer Peoria from a reputable firm like LeFante Law Offices, P.C. can make a significant difference in how efficiently your case is handled. These professionals are skilled in navigating the complexities of wrongful death claims and can help you secure the compensation you deserve, whether through settlement negotiations or trial.

Why Choose Us?

LeFante Law Offices, P.C. stands out for its unwavering commitment to providing exceptional legal representation. With decades of experience, the firm specializes in personal injury, wrongful death, and workers’ compensation cases, offering personalized attention and aggressive advocacy. Clients benefit from their deep legal expertise, proven track record of success, and compassionate approach that prioritizes the needs of the injured and their families. At LeFante Law Offices, P.C., you’re not just another case — you’re a priority, and they fight tirelessly to secure the justice and compensation you deserve.

LeFante Law Offices, P.C.

456 Fulton St UNIT 410, Peoria, IL 61602, United States

(309) 999-1111

https://lefantelaw.com/