How Long Does a Wrongful Death Lawsuit Take?
The unexpected death of a loved one is always difficult. But it can be even more challenging when someone else causes it through negligent behavior. Filing a wrongful death lawsuit cannot replace your loved one. However, you may be able to secure your family’s financial future by seeking the compensation you deserve. How long does a wrongful death lawsuit take, though?
What Is Wrongful Death?
Under Alabama law, the victim’s personal representative may bring a wrongful death action against any person or corporation whose wrongful act, omission, or negligence caused someone’s death. The action may be filed on behalf of the estate’s heirs as long as the victim would have been eligible to initiate a personal injury lawsuit had they lived. The duration of the lawsuit varies from case to case.
How to File a Wrongful Death Lawsuit
The personal representative must file a wrongful death lawsuit within two years of the date of death. The case may only be brought in the county where the victim could have brought the action, such as the county where the death occurred.
However, the process of filing a wrongful death claim in Alabama can be confusing. Contacting a wrongful death attorney as soon as possible after the death to preserve your legal rights is essential.
Factors That Affect the Duration of a Lawsuit
No two wrongful death lawsuits are the same, and the time a lawsuit takes varies. Several factors influence the duration of a lawsuit. Wrongful death lawsuits can be incredibly complex and take longer than more straightforward cases, such as a car accident or workplace injury, that can be resolved quickly.
If the insurance companies involved in the lawsuit dispute fault or attribute fault to the victim, the lawsuit could take longer as the parties conduct extensive discovery and require expert analysis. Other factors can impact how quickly a case is resolved, such as the availability of witnesses or whether a criminal act led to the wrongful death. Even the court’s calendar can affect how soon the case proceeds.
An experienced wrongful death lawyer understands how difficult it can be to navigate a lawsuit while grieving the loss of your loved one. At Stokes Stemle, LLC, we strive to expedite our wrongful death lawsuits in any way possible so you can get the money you need.
Settling vs. Going to Trial
In a wrongful death claim, the parties will negotiate to reach a settlement that is agreeable to everyone. If they cannot agree on the terms of the settlement, the case will go to trial. Going to court will increase the timeline of the case.
Keep in mind that the vast majority of wrongful death cases settle before going to trial. When the insurance company knows that you have an experienced attorney in your corner, they will likely prefer to settle instead of taking it all the way to court. Whether through a settlement or a trial verdict, our attorneys are prepared to fight for the results you deserve.
Contact Our Montgomery Wrongful Death Attorneys to Learn More
At Stokes Stemle, LLC, we understand how difficult it can be to cope with the death of a loved one. You do not have to go through this challenging time alone. You will receive the personal, compassionate legal services our clients have come to expect. Contact a Montgomery personal injury lawyer at Stokes Stemle, LLC today for a free consultation.