How long it takes to settle a wrongful death lawsuit depends on the circumstances of the case. It can take anywhere from a few months to several years. The type of case, fault and liability, the damages sustained, dealing with the insurance company, and the statute of limitations can all affect when the case reaches an outcome.
You do not have to enter into settlement negotiations or fight for justice for your loved one alone. A Boca Raton wrongful death lawyer at our firm can lead your case against the negligent party or parties while you grieve with your family during this difficult time.
How the Cause of Death Can Impact the Timeline of a Lawsuit
The nature of the accident that led to your loved one’s untimely death can play a role in how long it takes to settle. For example, sometimes, multiple parties may be involved, which could extend the wrongful death lawsuit timeline. If your loved one passed away weeks after the accident, there may be disputes regarding the exact cause of death.
Our legal team handles a wide range of wrongful death cases, including:
- Car accidents
- Truck accidents
- Uber and Lyft accidents
- Slip and fall injury
- Motorcycle and bicycle accidents
- Construction accidents
- Dog bites
- Boat accidents
- Brain injury
- Hit and run accidents
Even if you do not see the accident that took your loved one’s life listed here, a Boca Raton personal injury lawyer from our law firm may still be able to assist you.
How Fault and Liability Affect Wrongful Death Claims
If multiple parties contributed to the crash, the investigation could be more complex and may lengthen the time needed to resolve your case. For example, if your loved one lost their life to injuries from a truck accident, there might be more back and forth between parties and requests for more evidence than there would be if they were involved in a slip and fall accident at a grocery store.
In truck accident cases, even though the driver may be the one who caused the crash, they may not be on the hook for your damages. Instead, their employer would be the liable party due to vicarious liability. This principle states that employers take financial responsibility for their employees’ wrongdoing.
There is also the instance in which it may look like the other party acted negligently in causing the crash, but something else was the culprit. For example, if your loved one was in a motorcycle accident and a car ran a stop sign and hit them, it may seem like the driver was to blame on the surface. However, an investigation might reveal that faulty brakes were installed, making the parts manufacturer responsible for what happened.
Determining Liability in a Wrongful Death Case
Your attorney can use various forms of physical evidence to demonstrate how the at-fault party’s negligence caused your loved one’s death. Depending on the type of case, the following information may be helpful in your pursuit of monetary compensation:
- Accident scene photos
- Video surveillance
- Your loved one’s medical records and expenses
- The incident or accident report
- Witness statements
- Accident reconstruction specialist report
After putting together the sequence of events that led to the fatal accident, your lawyer can apply the standard of negligence to the case:
- Duty of care
- Breach of duty
- Causation
If even one of these elements of negligence is missing, the case may be considered invalid.
Types of Damages Available in a Wrongful Death Lawsuit
Determining the nature and extent of your loved one’s injuries and losses can influence how long it takes to settle the wrongful death lawsuit. For example, if your loved one died instantly in the accident, they might not have incurred as many medical expenses had they lived a few more days. We may also account for the pain and suffering they endured from their injuries during this time.
Should the decedent have had dependents, you may be able to claim lost income, as well as loss of companionship, consortium, or guidance. Compensation for funeral and burial expenses may also be available in the wrongful death lawsuit.
Insurance Company Cooperation and Its Impact on Wrongful Death Settlements
After your attorney has built your case against the responsible party, they will present it to the insurance company and ask for a settlement. Occasionally, the insurer may offer fair compensation, concluding the case. However, it is more common for insurers to provide lowball settlement offers initially. Their reasoning might be insufficient evidence, incorrect assignment of fault, or policy exclusions.
In that event, negotiations will commence and can go on for several months. It depends on what and when we can agree on.
Often, cases settle out of court, but some instances require proceeding to trial. Insurance providers want to avoid this route due to the high court costs and large time investment. It could put years into the case. If it comes to it, though, your wrongful death attorney can continue the fight before a judge.
Understanding Legal Deadlines for Filing Wrongful Death Lawsuits
Florida’s wrongful death statute of limitations helps keep lawsuits on track. It is essential to take timely action to maintain eligibility for damages. According to Florida Statutes § 95.11, wrongful death claimants generally have two years to file a lawsuit. Exceptions may apply, but they are uncommon.
It is vital that you submit your case by this deadline. Otherwise, you may no longer qualify to recover wrongful death damages. However, if you get in touch with our law firm, we can help you adhere to this time frame.
Contact Our Firm Today to Learn More About Settling Wrongful Death Lawsuits
Since 1995, GED Lawyers has been fighting for accident victims and their families. We are ready to apply our experience and resources to your case. We will fight for justice, no matter how long it takes to settle your wrongful death lawsuit. Call our firm today for a free consultation.
