How Long Does a Wrongful Death Lawsuit Take?

One of the most common questions our wrongful death attorneys hear is, “How long does a wrongful death lawsuit take?” Unfortunately, there is no definitive answer as each case is unique and varies in its complexity. However, there are certain factors that can impact the duration of a wrongful death lawsuit. Our wrongful death law firm will explore these factors and provide you with a general timeline of what to expect during a wrongful death case.

How Much Time Can a Wrongful Death Lawsuit Last?

What Is Wrongful Death in Illinois?

A wrongful death occurs due to negligence by another party, allowing loved ones to seek compensation. There are typically two claims: under the Wrongful Death Act (740 ILCS 180/0.01, et al.), for grief-related damages, and the Survival Act (755 ILCS 5/27-6) for the deceased’s damages like pain, lost wages, and medical costs. Wrongful death claims may also seek loss of consortium damages for a surviving spouse.

Why Do Wrongful Death Cases Take So Long?

Here are some key factors that can affect how long a wrongful death lawsuit takes:

• Nature and complexity of the case: Complex cases, involving multiple parties, extensive evidence, and complicated legal issues, generally take longer to resolve.
• Investigation period: Attorneys must conduct thorough investigations to gather evidence before filing a wrongful death lawsuit, a process that can take months or years depending on case complexity.
• Settlement negotiations: Wrongful death cases often settle out of court through lengthy insurance company negotiations. If no agreement is reached, the case goes to trial.
• Court dockets: The court system faces frequent delays and long backlogs, causing hearings and trials, like personal injury lawsuits, to take months or years to commence.

General Timeline to Settle Wrongful Death Claims

Here is an approximate timeline of what you can expect during the process to file wrongful death claims and other personal injury lawsuits:

• Filing the lawsuit: A wrongful death lawsuit begins by filing a court complaint, usually within two years of the death.
• Discovery phase: Both parties exchange information and evidence related to the case, a process that typically takes several months.
• Pre-trial motions: Parties may file motions before trial to request court actions, like dismissing evidence or seeking summary judgment, potentially prolonging the case.
• Settlement negotiations: If both parties is willing to negotiate, this phase can take several months.
• Trial: If no settlement is reached, your attorney will need to file a complaint against every defendant, and the case goes to trial, lasting from days to weeks based on its complexity.
• Appeals process: If dissatisfied with the trial outcome, either party can appeal, potentially extending the case by a year or more.

Get Help from The Kryder Law Group, LLC Accident and Injury Lawyers

If you’ve lost a loved one and believe you have a wrongful death claim, contact us for a free case evaluation. Our team of lawyers is experienced with wrongful death lawsuits will review your case for free to advise you on the best legal action.

Find Out How Long Does It Take

Reach out today, and let a wrongful death attorney from our firm help you get the justice you deserve. We’ll discuss the timeline and what you can expect throughout the legal proceedings. We’ll fight for your right to compensation and justice while offering compassionate support to your and other surviving family members.