How Long Does a Wrongful Death Lawsuit Take?

Our skilled lawyers always build wrongful death cases as if they’ll go to trial. However, as with other personal injury claims, wrongful death cases often reach a full and fair settlement out of court. In many situations, a wrongful death settlement is the best resolution, saving the parties the time, stress, expense, and risks of courtroom proceedings.

It’s vital to note that not every wrongful death claim settles. The path to a settlement is a two-way street with many different factors in play. Some are within our control, and others are not.

Investigating the Accident and Gathering Evidence

Generally, one of the longest parts of a wrongful death case is the preliminary investigation. Knowing how the accident happened and gathering sound supporting evidence is crucial. No stone should be left unturned.

The different parts of an investigation include:

• Gathering evidence – Your lawyer can obtain copies of the deceased person’s medical records, eyewitness testimony about the accident, photos and videos from the scene, and other types of evidence.
• Consulting with experts – Your lawyer can interview medical experts, accident reconstruction analysts, environmental consultants, and vocational experts, for example.
• Obtaining police reports – Police reports are public records. They often contain important information about how the accident happened.

Most investigations take several months to conclude, though timelines will vary based on how complex a case is and how easy obtaining the evidence will be.

Estimated Settlement Timelines in North Carolina

In our experience, no two wrongful death cases follow the same timeline, but there are some broad and general trends.

For example, simple claims with clear-cut liability and evidence could take six to 12 months from the start of the investigation to a settlement offer. If there are multiple liable parties, the defense disputes liability or the evidence is more complex to obtain, the case could take one to three years or longer to resolve.

Factors That Can Delay or Expedite Settlement

Several factors can prolong or shorten the timeline for resolving a wrongful death case:

• Alternative dispute resolution – Sometimes, both parties agree to work with an impartial mediator. Their job is to guide the case toward a fair resolution for everyone.
• Disputed liability – Liability disputes can prolong a case. They might even prevent it from settling at all.
• Evidence availability and quality – Some parties to an investigation will cooperate with your legal team. Other times, they could try to conceal information or delay the process. To force their hand or obtain more sensitive evidence, your lawyer might need to file a lawsuit and ask the court for a subpoena, deposition, or interrogatory.
• Insurer tactics – Insurers want to pay out as little as possible to protect their profits. Doing so often involves delay tactics like requesting excessive documentation or making lowball offers. Your lawyer will fight any bad-faith behavior and try to negotiate the best settlement possible.
• Multiple liable parties – A case will likely take longer to settle if more than one defendant is involved.

Talk to Our Experienced Greensboro Wrongful Death Lawyers Today

If you lost a loved one through someone’s negligent behavior, choose the Greensboro wrongful death attorneys at Ward Black Law to evaluate your case. We’ve represented clients across North Carolina for over 30 years and have recovered over $100 million in settlements in the past decade alone.

Contact us today for a free and confidential case review with one of our wrongful death attorneys.