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.
Wrongful Death Lawyer Lauren M. Byrne
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. Some cases can be settled even before a lawsuit needs to be filed in the first place. Nevertheless, negotiation doesn’t always succeed, making litigation or even 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. Wrongful death trials can take several days, and many trial courts have backlogs of one year or longer before that trial can be held.
Another factor that can delay your wrongful death claim can depend on the amount of time it takes you to investigate the claim and understand all of the consequences of your loved one’s death. You and/or your attorney may need to investigate the cause of the accident. That may require the input and help of experts from a variety of fields. You may need accident reconstructionists, engineers, human factors experts, and others to determine what happened, why it happened, and what could have been done to prevent the tragedy that occurred. This can be a difficult and time consuming process. Part of this can occur long before a lawsuit is filed. It may be required that you gather evidence to support your claim through a process of litigation called “discovery.” Discovery can last several months and is perhaps the most difficult part of litigation.
A factor to consider when evaluating how long a wrongful death case will take to resolve will depend on the reasons the incident that caused the death occurred. Perhaps the event in question was straight forward, such as a tractor trailer driver who failed to stop at a red light and smashed into a stopped motorist ahead of him. In that case, the insurance company and trucking company will still likely try to evade taking responsibility and they will blame other parties. But when the driver’s fault is clear, there could still be aggravating factors that could give rise to punitive damages. So for example, in that same hypothetical of a truck crash, let’s assume that the truck driver was driving under the influence of alcohol when the crash occurred. That is a fact that can enhance the magnitude of the damages. It would be even worse if the trucking company was aware that the truck driver was driving while drunk and they continued to allow him to drive.
Facts like that can be very strong facts in a wrongful death claim. But they will likely slow a resolution down if the insurance company refuses to consider these facts when valuing the claim. In cases like that, it may take longer because the court will likely need to rule on motions that seek to exclude that evidence or that seek to dismiss a claim for punitive damages.
Perhaps the biggest factor that will impact the amount of time it will take to resolve a wrongful death claim is the amount of money that is at issue in the case and the expectations of the parties. For the amount of money that is at issue, a critical question is whether the defendant that caused the death has insurance, assets, or income that can pay for a settlement or verdict. If, for example, the defendant does not have any assets and is what we call “judgment proof,” then the wrongful death beneficiaries may try to recover whatever they can and then move on from there. If the defendant has modest to decent insurance coverage and assets, the insurance company might offer up its limits and perhaps some payment from the wrongdoer to satisfy the claim. Although not an ideal situation, that may cause the claim to be resolved in relatively short order.
When the wrongdoer has significant insurance coverage and assets, however, that can slow the resolution of the wrongful death case. That’s because we aim to get the full extent of available insurance coverage for our clients in a wrongful death case. When the wrongdoer has millions and millions of dollars of coverage, however, they will be aggressive to protect that money. That, too, can add delay.
The expectation of the parties about how much they hope to receive is related to this. Calculating the damages that the wrongdoer should pay be be complicated. Some types of expenses or damages are simple to calculate, such as economic damages like funeral expenses, property damage, or medical expenses caused by the collision that led to death. For those, you will typically need to produce proof of those expenses and they can be compensated. Some economic damages can be difficult to calculate, however. Take, for example, the expected lost income caused by your loved one’s death. While you might be able to calculate lost income from time that has been missed from work, it get be far more complex when trying to calculate future lost income that your loved one would have received if they survived. That may require the help of vocational and other economic experts.
But other types of noneconomic damages are far more difficult to calculate. And these are the damages that will make up the lion’s share of a wrongful death settlement or verdict. These categories of damages can include sorrow, mental anguish, and solace, which may include society, companionship, comfort, guidance, kindly offices, and advice of the deceased party, as stated in Va. Code sec. 8.01-52. These are various forms of mental anguish that can be recoverable. They are hard to calculate, but they are incredibly important.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Tactics by the Insurance Company
Insurance companies sometimes offer a quick settlement in the interest of ending the case quickly, especially if they are able to do so for a small amount or if they are paying the limits of a relatively small policy. But even then, 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 when there are difficult questions of liability, huge insurance policies or assets, or the damages are especially egregious. 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 from MartinWren, P.C. to assist.
Find out more about how a wrongful death lawyer may be able to assist by our office today for a free consultation.
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