We know how overwhelming and disheartening it can be when your family has suffered a tragic loss. If you’re considering a wrongful death claim, knowing what to expect can help you feel more prepared during this difficult time. Understanding the wrongful death lawsuit timeline, from the initial investigation to a potential settlement or trial, can give you clarity and help guide your next steps.
Key Stages of a Wrongful Death Case
Wrongful death claims follow a relatively structured path, but every case is different. While there are common stages, it is possible to move in and out of each phase throughout the process. Here’s a quick overview of each stage before we dive into the details:
| 1 | Investigation and evaluation |
| 2 | Filing a lawsuit |
| 3 | Discovery |
| 4 | Negotiation or mediation |
| 5 | Trial (if necessary) |
1. Investigation and Evaluation
During the investigation phase, your attorney will gather the evidence needed to build your case. In a motor vehicle accident claim, for example, this means obtaining the police crash report, accident scene photographs, and any available body camera footage from the responding officer, all aimed at establishing exactly what happened and who was responsible.
The attorney would then get photographs from the scene or body camera from the investigating officer to investigate the circumstances so we can properly prepare the case.
2. Filing a Lawsuit
The next step in the wrongful death lawsuit timeline, if there is a claim to be made, would be to file a lawsuit. This is simply a matter of going to the county courthouse and filing a written document called a complaint.
This formal complaint is the initial document that must provide notice of the factual and legal grounds for the case. When filing, you need to name the appropriate defendant and file the claim in the court with proper jurisdiction over wrongful death cases.
Once this happens, the defendant, who would be the responsible party that’s being sued by the estate of the person who was killed, would hire an attorney and that attorney would initiate their case.
3. Discovery
The next stage of the case is the discovery phase and when it comes to this step of the wrongful death lawsuit timeline, there are two different types.
| Paper Discovery | Depositions |
|---|---|
| What it is – Written questions (interrogatories) sent between parties | What it is – In-person questioning of witnesses, officers, and medical experts |
| Format – Written, answered under oath | Format – Verbal, recorded at an attorney’s office |
| Key trait – Attorney-crafted responses; more carefully worded | Key trait – Spontaneous answers; often more revealing |
| Goal – Establish facts and timeline in writing | Goal – Assess credibility and uncover new details |
All of this discovery work is aimed at developing evidence to prove two critical things: liability (determining who’s responsible) and damages (understanding the full impact of the death on the survivors and family).
4. Negotiation or Mediation
After evidence has been gathered and evaluated by both sides, there is typically an opportunity to settle the case without going to trial. This happens through one of two paths.
Direct Negotiation
Attorneys and insurance representatives discuss dollar values, assess risk, and work to reach a settlement figure both sides can accept.
Mediation
Over the last 20 years, mediation has become a widely used alternative. In mediation, attorneys, insurance representatives, and representatives of the estate meet with a neutral third-party attorney – the mediator – to negotiate the case.
5. Trial
If the case isn’t settled, the final stage of a wrongful death lawsuit would be a trial. That is usually something that would happen 18 months or two years after the filing of a lawsuit once all the evidence has been taken in and evaluated, but the case has not yet settled. Every case is unique, so these numbers are an estimate only. Cases move quickly or slowly for a variety of reasons, but your attorney should keep you updated regularly about what is going on in your particular situation.
At this point, the case would be taken to a jury in that county and six people who you don’t know and the defendant doesn’t know get to decide what to do with the case based on the evidence and arguments presented by the attorneys for each side.
Questions to Ask a Wrongful Death Attorney
Concerned About How Long It May Take to Settle a Wrongful Death Suit? We Can Help
We’re here to support our clients both practically and emotionally, making ourselves available to answer any questions that may arise. Many families wonder how long it will take to settle a wrongful death suit, and while each case is unique, we will keep you informed every step of the way. Contact us today to allow our experienced team to help you!