How long it takes to settle a wrongful death suit depends on the complexity of the case and whether fault is easily provable. After the loss of a loved one, financial stresses can add even more trauma. A wrongful death lawsuit can help families recover compensation for these unexpected losses.
If you lost a loved one, the West Palm Beach wrongful death lawyers at GOLDLAW can help you seek financial accountability from at-fault parties.
How Long Does It Take to Settle a Wrongful Death Suit?
How long it takes to settle a wrongful death suit will depend on whether fault is clear, the number of at-fault parties, and the statute of limitations applicable to your case. In some cases, this may be a matter of months, and most cases take under a year.
The timeline for a wrongful death suit typically involves the investigation and filing process, discovery and mediation stages, and, in some cases, a trial or appeal.
A West Palm Beach personal injury lawyer from GOLDLAW can handle every aspect of the legal process for your case. They can:
- Investigate to gather evidence and determine all at-fault parties.
- File all necessary paperwork to ensure it is accurate and complete.
- Handle all negotiations on your behalf.
- Offer advice on any settlement offers you may have.
- Represent your case in court, if necessary.
For a free legal consultation, call 561-222-2222
How Is Fault Proven in Wrongful Death Suits?
One of the factors that can affect the time it takes to settle a wrongful death suit is determining who is at fault. In some cases, such as a drunk driving accident, this may be straightforward. However, in other cases, fault determination can be complicated.
Your lawyer will need to prove that all four elements of negligence were present. These four elements are:
Duty of Care
Duty of care refers to the responsibility someone has to keep another safe. For example:
- Drivers must follow traffic laws to keep everyone on the road safe.
- Doctors must follow standards of medical care to keep their patients safe.
- Store owners must keep their property free from hazards to keep staff and customers safe.
Breach of Duty of Care
A breach occurs when a party fails to act responsibly, through a careless or reckless act. For example:
- A driver is speeding or running red lights.
- A trucking company pushes its drivers to disobey hours-of-service rules.
- A nursing home fails to provide medical care to residents.
Causation
The breach directly led to the wrongful death. For example:
- A drunk driver struck a pedestrian in a crosswalk.
- A customer tripped over uneven flooring in a store.
- A bedsore led to a deadly infection for a nursing home resident.
Damages
There are direct losses because of the breach—for example, medical expenses or funeral costs.
What If There Is More Than One At-Fault Party?
In some cases, there may be multiple at-fault parties, which can complicate a case. It’s important to determine all liable parties, though, to recover the maximum amount of damages. Some examples where there may be more than one at-fault party include:
- A trucking accident, where both the truck driver and their company may be at fault. For example, if the trucking company had negligent hiring or training practices.
- A nursing home abuse case, where the abuser and the nursing home itself may be at fault. For example, if the nursing home administration had ignored previous complaints about a staff member.
- A crash involving multiple motor vehicles.
What Evidence Is Needed to Prove the Four Elements of Negligence?
A lawyer from GOLDLAW will do a thorough investigation so that all evidence is preserved. Helpful evidence for proving fault includes:
- Witness statements.
- Video footage or photographs.
- Police or incident reports.
- Medical records.
- Depending on the case, documents like blood alcohol concentration test results, staffing records, maintenance records, and phone records.
Your lawyer may also consult with expert witnesses, such as an accident reconstructionist.
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What Compensation Can Be Recovered in Wrongful Death Suits?
Wrongful death suit compensation can cover both economic and non-economic losses. Negotiating for fair compensation is often one of the longest processes in a wrongful death suit. Insurers may offer quick settlements that don’t actually cover the full scope of losses. Your lawyer will enter negotiations with the goal of recovering compensation that truly accounts for what you’ve lost.
In wrongful death suits, you may be able to recover compensation for:
- Loss of companionship or emotional support.
- Loss of financial support.
- Loss of parental guidance.
- Medical expenses related to end-of-life care.
- Funeral expenses.
- Burial or cremation costs.
- The decedent’s pain and suffering.
The team at GOLDLAW seeks the maximum compensation you are entitled to.
Call or text 561-222-2222 or complete a Free Case Evaluation form
What Is the Statute of Limitations for Wrongful Death Suits?
In Florida, you generally have two years to file a wrongful death lawsuit. This timeframe typically begins from the date of death, but there can be exceptions. Additional exceptions apply to cases involving government entities and medical malpractice.
Always talk with your attorney about the expected timeline for your case. Moving quickly can help preserve evidence and ensure that the statute of limitations is met.
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Contact a West Palm Beach Wrongful Death Lawyer
How long to settle a wrongful death suit? The timeline depends on a few factors, but many cases settle in under a year. If you lost a loved one due to someone else’s negligence, we are so sorry for your loss. The legal team at GOLDLAW offers compassionate and dedicated representation. Our lawyers work on contingency, so there are no upfront costs, and You Will Never Get a Bill.
Reach out to GOLDLAW today to schedule a free consultation. Get GOLDLAW and get the help you need and the compensation you deserve.
