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The Duration of a Wrongful Death Suit

June 21, 2019 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

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A wrongful death suit is more than just a means of recovering compensation for the loss of a loved one. It is also a way of bringing closure to the victim’s family. Unfortunately, the wheels of justice can turn slowly, and it can take a long time to resolve a wrongful death suit.

On the short end of the spectrum, a wrongful death suit can be resolved in a matter of months. However, it can also stretch on for many years. If you bring a wrongful death action, you can expect it to last about one to four years on average.

Factors That Can Increase the Time Frame

It is not always necessary for a wrongful death suit to go to trial. Sometimes it can be settled out of court through negotiation. Nevertheless, negotiation doesn’t always succeed, making a court trial inevitable. Generally speaking, a case that goes to court will likely last longer than one that settles out of it.

A court trial can be delayed for a number of reasons, such as the court’s busy schedule and the necessity of holding hearings beforehand. You and/or your attorney may need to investigate the cause of the accident and gather evidence to support your claim through a process called “discovery,” which can last months.

It can be difficult to calculate the damages you are due to receive, especially those related to projections like future income that your loved one would have earned if he or she had lived. To make these calculations, it is often necessary to hire an outside expert. That process takes time as well.

Tactics by the Insurance Company

Insurance companies sometimes offer a quick settlement in the interest of ending the case quickly. However, you should be suspicious of such an offer and talk it over with an attorney first. The amounts of such settlements are often much lower than you deserve.

Alternatively, the insurance company may try to prolong the process as long as possible. The hope is that you will get tired of waiting and agree to a lower settlement just to be done with it. An insurance company may employ this tactic when it anticipates that a jury will award you substantial damages if the case goes to trial.

It can be frustrating to endure a lengthy wrongful death case, but your patience is likely to be rewarded eventually. This is especially true with the help of an experienced and capable attorney to assist. Find out more about how a wrongful death lawyer in Bronx, NY may be able to assist by contacting a law office.

Thanks to Okun, Oddo & Babat, P.C. for their insight into personal injury claims and the time frame for a wrongful death case

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We serve clients throughout Virginia — from Charlottesville and Central Virginia to metropolitan Richmond; Harrisonburg and the Shenandoah Valley to Roanoke; and the cities of Hampton Roads to the Northern Virginia cities of ¬†Fairfax, Alexandria and Arlington.

To speak with one of our attorneys, please call us at (434) 817-3100.

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To schedule a free consultation with a personal injury lawyer, please call us at (434) 817-3100.

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