How Long Does It Take to Settle a Wrongful Death Suit?
April 17, 2019 | Wrongful Death
Wrongful death suits can take anywhere from weeks to months to settle. If you or someone you know is considering filing a wrongful death suit, it’s crucial to keep in mind that there is a time frame for filing wrongful death claims. A wrongful death attorney can assess your case, create a customized plan to recover damages, and ensure that you are fully informed of the options available to settle a wrongful death suit.
What is a Wrongful Death Suit?
When a family member suddenly passes away, it can make you feel lost, hopeless, and grasping for answers. Losing someone you care about is one of the worst things a person can go through, but filing a wrongful death suit can provide some solace to your family during this dark time. A wrongful death suit can recover compensation for your loved one’s pain and suffering, and reimbursement for your family’s loss of income and affection that stemmed from the accident. A wrongful death suit can be filed by the spouse or immediate family members of a deceased person with the help of an experienced wrongful death attorney by your side, and recover any damages that the victim of the accident could have recovered if still alive.
A wrongful death suit doesn’t take long to file, but reaching an acceptable settlement is a more in-depth process. Once a wrongful death claim is filed, the negotiation process begins. An experienced wrongful death attorney can reach a satisfactory settlement for your family member’s harm and losses from the accident through mediation and negotiation with the other party’s insurance company. The most common types of compensation that can be recovered with a wrongful death suit include medical bills that the victim faced before the accident, property damage, pain and suffering damages, and lost wages caused by the incident. The amount that a wrongful death suit can recover varies from case to case but is generally awarded as a lump-sum or dispersed in increments depending on the amount of the settlement and the details of the accident.
Wrongful Death Statutes
States in the U.S. have their own statute of limitations for wrongful death suits. In most states, wrongful death suits can be filed by the spouse, children, or parents of a victim, but the time frame for filing a claim varies depending on the state’s rules. The statute of limitations for wrongful death can range from one year after a fault in the accident was “discovered,” to six years after the accident occurred in some states in the U.S.
If you are unsure whether you are within your state’s time frame for filing a wrongful death statute, hiring a wrongful death suit lawyer to represent your case can make this process easier. An experienced lawyer can quickly assess the details of the accident, determine whether you are eligible to file a suit, and decide what damages you could claim for your family’s harm and losses. It’s crucial to have a wrongful death attorney on your side during the wrongful death process to make sure that the surrounding details of the accident are preserved, a fair settlement is reached, and you and your family are taken care of during this difficult time.
What Factors are Considered When Settling a Wrongful Death Suit?
Every year, there are more than 190,000 people killed due to wrongful death circumstances; medical negligence is currently the third most common cause of death in the United States. A common issue that arises with fatal accidents is determining who is at fault when one party isn’t able to defend their case, which can leave the door open for the living party to pin the blame for the accident on the deceased. The best way to preserve evidence from a fatal accident and make sure that the negligent party is held accountable for their actions is to consult a lawyer and file a police report. The most important factors that are involved with settling a wrongful death suit include:
- Who caused the accident?
- What caused the accident
- How long it’s been since the accident happened
- If there is proof of the other party’s negligence
- Whether surviving family members are experiencing a loss of income
If you recently lost someone you care about in an unexpected accident, consulting a wrongful death attorney about your case can protect your rights, determine whether you are eligible to recover damages, and provide you with a timeline for how long it will take to settle your wrongful death suit and obtain compensation.
Consult a Lawyer Today About Settling Your Wrongful Death Suit
Dealing with the pain and stress of a wrongful death suit can be draining and leave the surviving family members of victims unsure about what they should do. An experienced wrongful death attorney can make sure that you and your family are provided for, informed on what’s happening with your case, and ensure that your wrongful death suit has the best possible chances of obtaining justice and compensation for your family member’s sudden death.
If you have recently lost someone close to you because of another person’s negligence and need a lawyer to help you with the wrongful death suit process, contact the Dixon Injury Firm today to schedule a free consultation and explore the options available to your case.