How Long Does It Take to Settle Wrongful Death Claims?
Individuals who have lost a family member as the result of another person on party’s reckless or negligent actions have the right to file a wrongful death lawsuit. Wrongful death attorney Roger “Rocky” Walton works hard on behalf of his Arlington, TX, clients to get them the maximum financial compensation they are due for resulting losses.
While many hope that their wrongful death lawsuit will be settled quickly, that is usually not the case. It is difficult to predict exactly how long it will take to settle a wrongful death claim, but in many cases, it is years. Here, we go over some of the primary factors that impact the length of a wrongful death lawsuit.
How Complex Is the Case?
Prior to reaching a settlement or going to trial, each side of the lawsuit will need time to gather evidence that supports their case. It can take a great deal of time to get the evidence necessary to build a strong case of liability for a wrongful death suit. The amount of time that it takes to build a case, also known as the discovery period, is largely dependent on the complexity of the case.
We can’t tell our Arlington clients exactly how long it will take to prepare their case, but these questions can provide a broad overview of how complex their case may be:
- Is it simple to show the link between causation of the accident, liability, and resulting damages?
- Is there sufficient evidence to prove the case, or is more evidence needed?
- Are there experts that need to be consulted?
- Is there more than one person or party that may share liability?
- Was the death sudden or did the deceased live for some time before succumbing to their injuries?
Can You Reach a Settlement?
Once each side has prepared its case, the next big question is whether a settlement can be reached. If a just settlement is offered, our clients have the chance to conclude their suit without actually going to trial. This is the fastest way to settle a wrongful death suit. Unfortunately, reaching a settlement is not always possible. If clients are not offered the compensation they are due, Roger “Rocky” Walton is prepared to go to trial and fight for maximum compensation.
Duration of the Trial
A trial clearly prolongs the duration of a wrongful death suit, but by how long is, again, dependent on the complexity of the case. While some trials conclude within a few days, others take many months. The duration of the trial comes down largely to the number of witnesses and how much evidence is presented. We understand that many want a fast resolution, but it is important to present as much evidence as possible to prove our case so that we get a judgement that favors our clients.
Request a Consultation
A legal consultation is the best way to understand the complexity of your case so that you have a better idea of how long it may take to reach a settlement. If you have lost a loved one to wrongful death and would like to discuss your situation with attorney Roger “Rocky” Walton, request a consultation online or call (817) 576-8219 at your earliest convenience.