How Long Does A Wrongful Death Lawsuit Take To Settle

Published: August 17, 2022

how long do wrongful death cases take

How Long Does A Wrongful Death Lawsuit Take

Filing a wrongful death claim helps you receive compensation to cover financial difficulties because of a loved one’s untimely death.

The compensation will pay economic damages like your deceased loved one’s medical and funeral bills. It also covers your loss of companionship and income loss if you depended on your deceased loved one’s earnings. 

You want to receive the compensation as soon as possible, but lawsuits usually last long, and you thus probably wonder how long you should wait before your claim concludes. So, here is the timeline of a wrongful death lawsuit in Florida to help you get an expected timeframe for your case.

Factors that Affect the Length of a Wrongful Death Lawsuit

Claiming wrongful death compensation is a lengthy process that requires you to undergo settlements and court trials. It is thus challenging to estimate how long you should wait before receiving benefits as your case may have unique legal requirements.

However, considering these factors may help estimate if your claim only needs a few months or years to resolve:

·        Selecting Who Can File the Wrongful Death Claim

Only one particular person can file a wrongful death lawsuit. You may refer to the deceased’s will to determine who can serve as the estate’s representative.

However, the court must select the estate representative if there was no last will. In this case, a wrongful death lawsuit may take a long time to officially begin as you have to wait for the court decision before filing.

·        Settlement vs. Trial

Your wrongful death lawsuit in Florida can quickly conclude if you and the defendant’s party reach an agreement within the settlement period. It means agreeing on a compensation amount without going to a lengthy court trial.

On average, wrongful death settlements only last for three to four months.

On the other hand, trials can last up to four years or more as courts require intensive investigation for each case. Moreover, you may need to wait for a long time to receive trial schedules.

·        What are the Wrongful Death Case Complications

Wrongful death claims usually become complicated because of different factors like:

  • Complex case factors that require further investigation, like medical practice resulting in wrongful death
  • The defendant’s insurance adjustor is disputing your claim, like proving that the defendant was not at fault
  • You claim a significant amount; thus, the insurance provider tries to delay your compensation
  • The defendant is also facing a criminal lawsuit

In these cases, your lawsuit may become longer as you must prove you deserve the compensation you claim. You may also have to bring your case to court if you fail to reach an agreement during the settlement.

Hiring a professional Florida personal injury lawyer is thus crucial to support and speed up your case. They know the evidence to present and represent you in hearings to win your case, despite the complications you face immediately.

Handling Expenses While Waiting for a Wrongful Death Claim to Resolve

Suppose you think your wrongful death lawsuit in Florida would take a long time. How can you pay your financial responsibilities like your deceased loved one’s medical bills?

Never rush your settlement with the other party’s insurance provider, as you can’t renegotiate for an additional amount afterward. Instead, consider these options to help you:

  • Claim finances from your or your loved one’s insurance provider, depending on which coverage is applicable.
  • Prepare an insurance subrogation plan with your insurance provider. They will cover the medical bills and pursue the defendant’s party for reimbursement through your lawsuit. In most cases, however, insurance providers only agree with subrogation if the claim is likely to win sufficient compensation.
  • Negotiate with the medical care provider about your financial responsibilities. They may agree to reduce the amount you owe or let you pay on an installment basis.
  • Assure the medical provider you will pay upon resolving your lawsuit. With this option, you should call your lawyer and sign an authorization and assignment contract with the medical provider. The medical provider will then claim your payment as your case resolves.

Consult a Florida personal injury lawyer for Your Wrongful Death Claim

It is frustrating to face a lengthy wrongful death lawsuit, especially while grieving over losing a loved one.

However, you deserve to receive compensation to cover the financial problems you incur because of your loved one’s untimely death.  You should thus immediately file a case to begin the process.

Hiring a Florida personal injury lawyer helps you get the best outcomes from your lawsuit in the least possible time.