If you lost a loved one in a car accident, due to a medical mishap, or through negligence on the part of a person or entity, your first reaction will be to call the police. However, a conviction in criminal courts will never be able to pay the medical bills, the mortgage, or save a family from financial ruin. That is when a wrongful death suit is needed, to make the responsible parties pay you for all that you have lost, including pain and suffering. But how long will it take to settle?
The Short Answer: Up to Four Years
Filing a wrongful death lawsuit is not a quick and easy way to collect retribution from the person or entity that caused the death. Your civil law attorney works the case entirely separate from any criminal proceedings regarding the same manner. Where the fault or cause of the death is clear, the suit may settle before it ever enters a courtroom, which can significantly shorten the time it takes to reach a payment, but that short time may still be as long as a year.
Gathering the Evidence Comes First
Your legal team will gather all the evidence and records pertaining to the incident. This may require a separate investigation on the plaintiff’s behalf, outside the traditional investigation conducted by a police department or state prosecutor’s office. If the wrongful death is a result of a mechanical failure or faulty manufacturing process, the details of the part or process used must be gathered. If the death came as the result of negligence, then intent or a legal responsibility for the deceased must be established. All of this work is extensively time consuming.
Filing the Suit with the Courts
Filing the actual wrongful death suit takes very little time in itself. Your attorney visits the clerk at the courthouse, pays a filing fee, and submits the suit. However, a responsible attorney will not file the paperwork until the they have sufficient evidence collected to enter into negotiations with the defendant. In most cases, your attorney and the defending attorney will meet before the suit is filed to see if a settlement can be reached out of court. With the schedules in civil courts often overburdened, it can be years before a trial date can be set. Mediation remains your best bet for a timely resolution.
Mediation is Time Consuming, but the Better Option
In a wrongful death case, your attorney will encourage you to sit down with the defendant and try to reach a settlement. This allows both sides to be more flexible in the monetary payment.? It can mean that the defendants will not publicly acknowledge their responsibility for the death. At the same time, reaching a settlement outside the courts can save a family from financial ruin, as legal fees and the loss of income caused by the death may leave you struggling. Time is of the essence!
A Trial may be the Public Forum You Need
Depending on the complexity of the case, a trial can take a single day or last for weeks. For some loved ones left behind by the untimely death, a public trial is needed to put this traumatic event in the past. It can allow you to tell the world about the negligence, oversights, and behaviors that took your wife, husband, child, or financial support from you. When the court finds in your favor, the result is recorded in public files where others can learn from the whole terrible incident. Depending on your state, your wrongful death lawsuit may go before a jury or a judge. The punitive damages awarded the plaintiff will vary and be determined solely by the court. While you get to tell your story, the judgment will be beyond your control.
A Conviction is not Required
Even if the district attorney’s office declined to prosecute or received a not guilty verdict in the criminal matter of the death of your loved one, that does not mean that your wrongful death suit will fail. It is important to speak with your attorney and review the case on its own merits as it pertains to the statutes for civil law in your state.
If you believe that your loved one died due to the negligence of a person or company, don’t wait to contact your wrongful death attorney as soon as possible. Any time that you hesitate will only extend how long you must wait for compensation via mediation or through the courts.