How Long Does It Take to Resolve a Wrongful Death Claim?
Wrongful death cases can be time-consuming and may take anywhere from a couple of months to a few years to be settled. In some instances, a claim will be resolved fairly quickly, but in others, liability, damages, or insurance coverage will be subject to dispute, which can lengthen the process.
Long Beach is a coastal city in Los Angeles County, California, known for its busy port, major roadways, and large residential and commercial areas. Its location within the greater Los Angeles region means families may face complex circumstances when a fatal accident occurs.
For families dealing with a fatal accident there, lawyers handling serious wrongful death claims in Long Beach may need time to investigate evidence, identify responsible parties, and calculate losses.
What Is the Typical Timeline of a Wrongful Death Claim?
There is no fixed timeline. In most cases, a simple claim can be resolved within a couple of months to possibly a year, and a more complex claim, or one where liability is disputed, may take up to 1-3 years or more, depending on whether or not it is taken to trial.
The process may be longer if there are several defendants, medical evidence is in dispute, or expert testimony is required to determine lost income and future support.
Building a Wrongful Death Case
The first step is to investigate. Attorneys can evaluate police reports, medical records, photographs, witness statements, employment records, and other evidence to find out what transpired and who may be at fault.
California Code of Civil Procedure § 377.60 provides a list of those who can file a wrongful death case, such as spouses, domestic partners, children, and dependents. Section 377.61 provides damages that are “just under the circumstances.
Why Do Some Claims Take Longer?
One of the predominant causes of delay is disputes. An insurance company or defendant may dispute that the deceased was partly to blame, the manner of death, or the amount of monetary damages sought by surviving family members.
Medical malpractice cases can be lengthy and need a lot of expert input. If there is a doubt about liability, the attorneys can take depositions, exchange documents using discovery, and hire medical and economic experts.
Settlement vs. Trial: Which Is Faster?
The process of settling is generally quicker in that the parties can come to an agreement without having to wait for a trial date and verdict. But if important evidence or damages have not been evaluated, a quick settlement is not necessarily better.
A trial is a lengthy process due to discovery, motions, testimony, and court scheduling. It may also take longer when either side disputes liability or the amount of compensation being sought. This can require additional evidence, expert testimony, and preparation before the case is ready for trial.
What Can Families Do to Avoid Unnecessary Delays?
- Collect paperwork (death certificate, medical bills, work documents, and insurance details).
- Keep evidence like pictures, video, and details of witnesses.
- Quickly provide files and other information as requested.
- Monitor costs and monetary damages relating to the demise.
- Watch filing deadlines. California Code of Civil Procedure § 335.1 provides that generally one must file an action for death due to wrongful act or neglect within two years.
Key Takeaways
- Wrongful death cases can be protracted, lasting for a period of months or years.
- Simple claims might resolve quicker than disputed claims.
- When dealing with complex liability and damages issues, negotiations may take longer.
- This may be extended with discovery or expert testimony.
- Trial cases typically take longer than settled cases.
- In general, California offers a 2-year filing time.
- There should be no rush in cases.
