While some wrongful death cases can be resolved in just a few months, others—especially those requiring litigation—can sometimes take several years. The length of time it takes to resolve a wrongful death case really all depends upon the following key factors:
- The facts of your case and your ability to prove negligence/liability.
- The extent of your damages (loss of love, companionship, guidance, familial income, etc.) and your ability to prove these losses.
- Procedural/logistical issues and delay tactics commonly used by the opposing side.
- Your willingness to compromise (i.e., accept a settlement vs take them to trial).
- The other insurance company’s willingness to negotiate (i.e., offer more in compensation).
Should both sides come to a stalemate during settlement negotiations, the only option available to you would be to file a lawsuit. While litigation usually means your case will take longer to resolve, the case can still be settled at any time.
The truth is that there’s simply no way to accurately predict how long a wrongful death lawsuit will take, but an attorney can explain exactly what to expect moving forward.