In addition to the stress of coping with the loss of your loved one, you will likely also wonder what is required for a successful wrongful death lawsuit and how long it will take. Every case is different, and undoubtedly you will want your personal injury attorney to carefully review your case to make the best legal recommendation. Most wrongful death cases are resolved between one and four years. However, there is no universal answer to how long a wrongful death lawsuit may last. There are different variables that may affect a wrongful death case. Below are some different factors that influence a wrongful death case:
- Settlement of Claims
The fastest wrongful death cases are usually quick settlements. In this instance, instead of going to trial, many wrongful death victims are simply offered a settlement and the entire ordeal is resolved in a matter of months. While the quick and straightforward nature of a settlement may seem advantageous, it is not always beneficial to the victim. Many insurance companies prefer the quick settlement process as it simplifies the lawsuit, saving money on attorney expenses and other legal fees. However, the family of the wrongful death victim may be offered a settlement by the insurance company that is less than what they deserve. An experienced and ethical wrongful death attorney will help his or her client fight for the full extent of the rights they are entitled to. The decision on whether to settle is between the client and his or her attorney. Without settlement, the wrongful death lawsuit will likely take longer to resolve.
- The Experience of the Attorneys
A quick lawsuit doesn’t necessarily mean an effective one. Just like you wouldn’t want a painter or a sculptor to rush your art, you also wouldn’t want an attorney to rush your defense. For a personal injury victim and their family to receive adequate compensation, his or her attorney must dedicate time to gather all necessary documents and resources in order to present an aggressive defense for their client. If an attorney lacks experience in handling a wrongful death lawsuit, vital details of the case may be overlooked and the client may not receive full compensation. This is why it is important to seek the assistance of a wrongful death attorney who is both determined and experienced in handling these cases.
- Other Unanticipated Factors
In addition to experience and the option to settle, there are other types of factors that might affect the duration of a wrongful death lawsuit. Court delays, processing times, and even everyday human issues can lengthen the time of the lawsuit. For instance, if the party at fault for the wrongful death incident cannot be easily located, other legal actions will need to be taken to compel their participation. Or, if one of the parties involved becomes ill or stops coming to court, other arrangements will have to be made, causing an overall delay in the process.
If you need an experienced and dedicated personal injury attorney to represent you in a wrongful death lawsuit in Central Florida, contact the Vickaryous Law Firm at 407-542-2132.