The amount of time it takes to settle a wrongful death lawsuit depends heavily on several factors, the biggest one being whether you can reach an out-of-court settlement or have to proceed to trial. On average, it takes anywhere from a few months to a few years to win a wrongful death lawsuit.
Think Twice About Accepting the Insurance Company’s Offer
In the aftermath of an accident that results in death, the insurance company may reach out to you with an offer to settle the matter without consulting attorneys or going to court. When you are struggling to make ends meet, crippled with the financial fallout from the devastating loss, it can be tempting to accept the insurance company’s initial offer. While it may seem convenient, it may not be in your best interest.
Insurance companies are known for offering the families of the deceased a lump sum payout when the defendant has accepted fault for the death. They do this to get the case off their books quickly and protect their interests.
The family often accepts the settlement thinking it’s fair, but it is not until much later that they discover they could have received much more if they had worked with an attorney to settle the case. Quite often, the true extent of the loss doesn’t become evident until much later, and by then it’s too late to recover any more money.
Long-Term Financial Consequences of a Loved One’s Death
The long-term consequences of your loved one’s death may not be immediately apparent, so accepting a settlement can mean suffering from the consequences of this loss long after the money has run out. Your children’s college tuition, your retirement plans, the long-term maintenance of your home – these losses may appear later, so it pays to get all that you deserve for the death of your loved one.
In addition, you can also receive compensation for non-monetary damages like loss of affection, support, and companionship. These losses are hard to quantify, but your attorney can help you calculate a fair settlement amount.
The Birmingham attorneys of the Morris Bart law firm understand the complexities of the law and will treat your case with the care, dignity, and respect it deserves. They have worked with hundreds of wrongful death plaintiffs over the years, and they will fight to get you the money you deserve.
How Long Does the Process Take?
The process can be fairly quick if the other side agrees to enter settlement talks and negotiate a fair compensation amount. If the two sides can’t reach an agreement on a fair amount, they will take the case before a judge and jury.
Each side will have to gather and present evidence, and there may be many pre-trial conferences before the case even goes to trial. This may mean that it can take years for the case to make its way to a final disposition. Some cases have taken three to four years to settle, but one to two years is more common.
Quick settlements are possible but rare. In many cases, the insurance company will agree to pay for actual damages but will balk on paying out compensation for elements that are tougher to prove like emotional damages, potential income loss, and pain and suffering. Arguing over a final dollar amount is what often drags out cases, but a skilled attorney will work diligently to ensure that you reach a settlement as quickly as possible.
The Bottom Line
When you are fighting for the money you deserve in the wake of wrongful death, it can seem like you are fighting an uphill battle. Bills may be piling up, you may be working overtime to make ends meet, and it can seem like the world is caving in. Your attorney may have solutions that can help you stay the course and see the case through until the end, so it’s best to ask if there is assistance available.
Author: With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
