How Long Will a Wrongful Death Claim Take?

Posted by: Kemmy Law Firm

If you lost a loved one because of the negligence or intentional act of another, you might be able to seek compensation. Your grief and emotional loss can never be fully addressed through legal action. Still, a wrongful death claim or lawsuit can help with your financial losses and hold the responsible party accountable.

The Kemmy Law Firm helps those injured in accidents and the next of kin of accident victims. We understand the trauma and shock families suffer and can help get you through this difficult time. Let us protect your rights while your family adjusts.

With over five decades of collective experience, our family-run law firm will make your case go as smoothly and quickly as possible without sacrificing your right to the compensation you deserve. Call us at (210) 750-1019 for a free consultation. There’s no risk since there’s no cost to you unless we win.

What Makes Wrongful Death Hard To Resolve?

You probably think your case is open and shut. And it may be, but many factors impact how long it will take a wrongful death case to resolve. Most of these cases settle, and relatively few are decided at a trial.

Keep in mind: this process could take years, especially given the impact COVID-19 has had on court proceedings. The farther a case goes on a litigation path, the more decisions a judge makes, the more issues that may get appealed.

A primary reason for delays in wrongful death cases is its complexity. The simpler the claim, the quicker it should be to resolve:

• The wrongful death of a pedestrian killed when a motorist hit him while he crossed the street should be relatively simple
• Someone dying due to medical malpractice because of the late diagnosis of a terminal disease or a death caused by a defective part in an automobile could be much more complicated

We would need to prove who’s at fault and why, plus have experts review the situation. The insurance company will try to cloud the issue by proposing other reasons your loved one died. Their expert may say the death would’ve occurred no matter when the disease was diagnosed, or it was driver error, not a defective part, causing the accident.

Depending on the facts, wrongful death cases could be worth substantial amounts of money. The greater the value, the more resources an insurance company may put into disputing your claim. They will investigate the case too, hire experts, and fight every step of the legal process. The more uncertainty and complexity they introduce into a case, the longer it may take to resolve.

Both Sides Could Impact How Long a Case Will Take

Another factor is you and your goals. We will need to meet, get information and documents, and schedule things like depositions – where witnesses and parties answer questions under oath. This takes patience, but the better we work together, the less delay there will be.

Both you and the insurance company have to decide your approach to settlement and litigation. If your goal is to expose the defendant’s wrongdoing and make it accountable, a trial, and the long time frame that comes with it, are more likely. If you want to avoid the stress and uncertainty of a trial and your main goal is a reasonable compensation to help you move on, a settlement and a faster resolution are more likely.

Insurance companies handle cases differently, too. If it’s more pragmatic and flexible, a settlement may come sooner. If the company makes every case hard to negotiate to discourage claims and get a reputation for fighting for every penny, your lawsuit will likely take longer.

Get a Free Consultation To Learn More

When you work with the Kemmy Law Firm, you will work with a family-run firm that understands and cares about its clients. We are dedicated and successful trial attorneys, representing clients in West Texas; Hobbs, New Mexico; Midland-Odessa, and across the Permian Basin.

We will fight for you and your family so you can get the compensation you need to put your lives back together after the death of a loved one. Contact us today.