How Long Does It Take To Win a Wrongful Death Case?

Bereaved family members who file a wrongful death lawsuit may have several questions about the legal process. They may ask their lawyer, “What court proceedings will we have to go through?” and “How long does it take to win a wrongful death case?” While a family’s desired outcome is never certain, attorneys can provide guidance about the overall legal process timeline.

Explore some potential factors that may prolong or expedite a wrongful death case below. 

The Statute of Limitations Influences a Case’s Timeline

Each state sets deadlines for filing civil lawsuits. Failing to file a suit before the statute of limitations runs out can cause the court to dismiss the case. In New York, plaintiffs have two years from the date of someone’s death to open a wrongful death case. 

How long does it take to win a wrongful death case? The answer depends on when the victim’s surviving kin take legal action. For example, those who officially file a suit six months after someone’s death may be closer to resolving the case than those who wait two years to act. 

Factors That Affect the Time It Takes To Resolve a Wrongful Death Lawsuit

In addition to the statute of limitations, there are a few key factors that determine a lawsuit’s resolution timeline. They include:

• A pre-litigation investigation: Before officially filing a suit, lawyers conduct investigations to gather evidence supporting their client’s claim. This process could take several weeks to complete. 
• The discovery phase: Legal representatives for the plaintiff and defendant exchange information and discover the arguments each side intends to use. 
• Settlement negotiations: Once both sides share their arguments, they can negotiate in an effort to end the case with a settlement. Neither party is obligated to accept a settlement during this phase. 
• Trial preparation: If both sides refuse to settle, the case will go to trial. Preparations may extend the process by a few months.
• Court proceedings: A trial could take days, weeks, or possibly months to resolve. The final judgment will come from a jury. 

If you’re wondering how long it takes to win a wrongful death case, it all depends on the length of each phase. For example, a case that ends during settlement negotiations could see the process last about six months. If the case goes to trial and endures lengthy court proceedings, plaintiffs may not resolve the suit until years after filing. 

Filing a Wrongful Death Lawsuit vs. An Insurance Claim

Grieving families may prefer to avoid litigation and seek compensation for their loss by filing an insurance claim. For example, if someone is struck by a commercial vehicle and succumbs to their injuries, their surviving kin could file a claim with the trucking company’s insurance provider. 

The insurance claim process can also come with potential delays and setbacks. In addition, insurers may not offer a settlement amount that adequately covers the scope of the loss, such as:

• Funeral expenses
• Medical bills related to the accident’s injuries
• Lost income 
• Loss of companionship
• The deceased’s pain and suffering before their passing

An experienced lawyer can negotiate with the insurance company and pursue further litigation if necessary. 

Contact a Wrongful Death Attorney for Assistance With Your Case

How long does it take to win a wrongful death case? The answer varies for every plaintiff, as cases can go in any number of directions. However, the legal team at Cantor, Wolff, Nicastro & Hall LLC can provide guidance and advice. 

To discuss your case with an experienced attorney, contact us online or call our Buffalo law firm at 716-848-8000.

FREQUENTLY ASKED QUESTIONS (FAQ):

How long does a wrongful death lawsuit typically take?

The duration of a wrongful death lawsuit varies significantly. Cases that settle quickly can be resolved in about six months. Those that go to trial may take several years.

What factors affect the length of a wrongful death case?

Factors include the state’s statute of limitations, the complexity of the investigation, settlement negotiations, and whether the case goes to trial.

Is filing an insurance claim faster than a wrongful death lawsuit?

While insurance claims may seem quicker, they can also involve delays. Insurers may not offer sufficient compensation, potentially necessitating further legal action.