How Long Does it Take to Settle Wrongful Death Claims

The driver at fault in a fatal car accident, the bartender who served too much alcohol to a drunk driver, the doctor who didn't follow procedure—these are just a few instances why wrongful death claims exist.

A wrongful death claim is filed by the survivors of a person who died due to the misconduct or negligence of another.

This type of lawsuit is filed so that the survivors—spouse, children, parents, etc.—are properly compensated for funeral and burial expenses, medical expenses, lost wages, lost inheritance and more.

Although statutes for wrongful deaths vary by state, they typically define who can sue for wrongful death and address any limits that apply. Keep reading as we discuss who can file a wrongful death claim, how long these claims take to settle, and more.

In most states, the beneficiary(s) who will be awarded compensation for the deceased are the ones who can file a wrongful death claim.

Often, wrongful death claims can be filed by three different groups or persons—surviving children or spouse, parents, or the decedent's personal estate representative.

For example, the wife or husband of the decedent is the surviving spouse that can sue.

However, if it is the brother or sister of the decedent, they're only permitted to sue via estate. In most states, grandparents are not permitted to sue.

Remember that wrongful death statutes vary by state. It’s best to know your state laws, or the laws of the state in which you plan to sue in.

As with every legal case, each wrongful death case is different. There is not a set length of time in which a case will be resolved. Factors such as when the suit is filed, how it is ruled by the judge, and more can all vary based on circumstances.

There are many wrongful death claims that are settled within a few months. However, in other cases, the lawsuit can last for years. On average, you can expect a wrongful death claim to be resolved within one to four years.

To help speed the process up, insurance companies may offer defendants a settlement. This is often the fastest and best route for survivors because they avoid trial and additional pain and suffering that the opposing lawyer may bring about.

However, it's always best to consult with an experienced attorney before accepting any settlement offers.

There are several reasons in which a wrongful death settlement will drag on: 

• The survivor did not initiate a claim within the necessary deadlines.

• The attorney and insurance company do not agree on a fair amount of compensation.

• If an agreement is not made, the case goes to trial.

• The defendant denies liability for the death.

• Lengthy investigations and interviews by lawyers and insurance companies.

It's best to work with an experienced lawyer who has handled wrongful death cases. By knowing state specific laws, a reliable attorney can help review evidence from the beginning to help justify a fair compensation.

If needed, they can also investigate the case for you and gather more evidence to prove liability of the guilty party. The better the lawyer, the shorter time you have to wait for compensation.

An insurance company does not have your best interest in mind. Insurance companies are trying to save as much money as possible on payouts. They do this through tactics like poor investigations, depreciated injuries, and hindered settlements.

A tried-and-true method insurance companies use to exploit you is offering a much lower settlement than what the case is truly worth. They do this in hopes for you to rush to a settlement. However, rushing to a settlement typically obstructs you from receiving the compensation you deserve.

Consulting with your attorney will help you make the best decision on whether to be patient or take the settlement. Allowing some time to pass before taking a settlement can give your lawyer time to investigate and possibly negotiate with the insurance company. Based on evidence, your lawyer can also submit counter offers to increase the value of your settlement. 

Another reason you should never rush to a settlement is because once you accept a settlement, you cannot reopen the case. This means even if new evidence later arises, you have to take the settlement you agreed upon.

How wrongful death is calculated is one of the most frequently asked questions among wrongful death claims.

Unfortunately, there is no set formula for determining the worth and value of any wrongful death claim.

It's entirely up to our legal team to prove that the defendant(s) was 51% liable for the death of your loved one. One reason many people lean towards settling their claim outside of court is because recoverable damages are based on several factors and are open to interpretation.

What you can prepare for are the factors that affect compensation:

1. Children who are now left without care and guidance.

2. Medical bills.

3. Potential pain and suffering.

4. The degree of negligence.

5. The earning capacity of the one who passed away.

If your wrongful death claim goes before a jury, it's ultimately up to your attorney to prove wrongful death. Based on the case details and earning capacity of the deceased, juries are known to award large sums to survivors.

The insurance company of the party at fault must pay for wrongful death lawsuits. If the person is uninsured, they are personally responsible for bills related to the lawsuit. This will often lead to complications and delay in compensation because the guilty party may not be able to afford all of the money you're suing for.

There are generally two types of damages people sue for in wrongful death cases – economic and non-economic damages.

Economic damages include medical care, funeral expenses, and loss of financial support. This type of compensation serves as the money you had to spend as a direct result of a fatal situation.

Non-economic damages are the compensation for physical and psychological distress of your loved one. This includes pain and suffering, reduced quality of life, and loss of companionship.

The guilty party is responsible for all of these damages and should be held accountable. If you have a wrongful death claim, contact a reliable and experienced attorney. They can investigate your case, evaluate the damages, file the lawsuit, negotiate on your behalf, and advocate for you in the courtroom.

Settling a wrongful death claim can be stressful. A lot of victims take the settlement presented from insurance because they don't want to relive the case or deal with the challenges of lost income. However, it's in your best interest to speak with a wrongful death attorney before you make your final decision.

Yes, wrongful death cases can take a while to settle, but with the right lawyer, the process can be expedited. Our team of attorneys has the knowledge and experience to get you the justice you deserve, in a timely manner.

For a free consultation, contact one of our Denver wrongful death lawyers to find if you have a strong case and how long it may take to settle.