How Long Does It Take to Settle Wrongful Death Claims?

There is no universal timeframe in which a wrongful death case will settle. The unique details of a case affect how the insurance company will respond, and they typically will not offer a fair settlement upfront. If you hire a wrongful death attorney, they will help you understand when to settle and when to continue negotiations. If you lost someone you love in an avoidable accident caused by someone else’s negligence, you have the right to fair compensation.

What Factors Can Impact a Wrongful Death Claim Timeframe?

Any personal injury claim takes time to build the case. With the help of an attorney, you have to investigate the incident that led to the victim’s death, collect the evidence you need to support a negligence claim, identify the damages owed to the estate or surviving relative, and draft your demand letter. Sometimes liability is straightforward, speeding up the process, and sometimes you need more time to form your claim.

Some specific factors that can impact the timeline of a wrongful death claim include:

• Strength of the evidence. Having more witnesses does not always make your case stronger. Weaker evidence will slow down the process and make it more challenging to negotiate a fair settlement with the insurance company.
• The complexity of the case. The more complex a case is, the longer it takes to resolve. For example, medical malpractice cases are notoriously challenging when attempting to prove liability, but a slip-and-fall case is typically more straightforward.
• The defendant’s cooperation. When the defendant is difficult and refuses to cooperate as a way to frustrate the plaintiff, the case can drag on for longer. This is usually a sign that a lawsuit would be the better option.

When you file a wrongful death claim, you file with an insurance company. An adjuster is assigned to your case, and that is who you negotiate with to settle the claim. Sometimes they can be relentlessly combative.

The Bad Faith Tactics of Insurance Companies

An insurance adjuster’s overall goal is always to protect the company’s best interests. Because there are so many elements to prove in a wrongful death case, the adjuster will likely find ways to argue against your claim. Sometimes they resort to bad faith tactics to avoid paying you the compensation you deserve. Some examples of bad faith tactics include:

• Not investigating the claim promptly
• Denying your claim immediately without providing a reason
• Providing an invalid reason for denying your claim
• Ignoring any attempt to communicate with them
• Intentionally misrepresenting the terms of the policy
• Changing the policy to suit their agenda
• Acting aggressively toward you, such as using harsh language or trying to blame you or your loved one for the accident

Shifting blame is a common tactic. The insurance company records all calls between you and the adjuster. They will sometimes try to elicit responses they could later use to project blame from the defendant to the victim. For this reason alone, having an attorney represent you is beneficial.

How Is a Wrongful Death Claim Valued?

The value of any personal injury claim comes from compensatory damages. This includes the economic and non-economic losses you suffered as a direct result of your loved one’s death. The severity of the accident and the nature of the at-fault party’s behavior can affect the types of damages available and how long it takes you to compile the list and the evidence necessary to support it.

Damages From a Wrongful Death Claim

Compensatory damages in a wrongful death case differ from those in other personal injury claims. For example, the economic losses you could claim include:

• Costs associated with medical care before the victim’s death. Not all wrongful deaths involve instant death. For example, suppose your loved one suffered injuries in an auto accident that resulted in months of hospital care before they succumbed to their injuries. In that case, you can request compensation for the medical expenses generated during that time.
• Lost wages. Dependents of the deceased can typically request the income lost due to the victim’s death. This includes the loss of earning capacity.
• Lost benefits. If your loved one invested in a retirement plan or would have provided you with an inheritance, you can request compensation for that lost opportunity.
• Death expenses. Funeral and burial costs can be expensive. Therefore, the party responsible for your loved one’s death should also pay for those expenses.

The non-economic damages generally refer to how your loss affects you emotionally and psychologically. For example, the court acknowledges monetary value for the pain of your loss. This includes the loss of love, nurturing, advice, society, and companionship the deceased provided. It may also include the pain and suffering they sustained after the accident and before their death. Valuing and providing supportive evidence for these damages can be complex, but an experienced attorney will understand the process and get through it as quickly as possible.

What Are the Steps in Proving a Wrongful Death Claim?

The plaintiff in a wrongful death case bears the responsibility of proving negligence. This means you must provide sufficient evidence to confirm that the defendant most likely caused the death of your loved one. The essential elements of proving negligence include:

• Showing that the defendant owed a duty of care to your loved one at the time of the accident.
• Proving that the defendant breached that duty of care, resulting in the accident.
• Providing evidence to support the claim that the accident directly resulted in the injuries that caused your loved one’s death.

Depending on your case’s circumstances, proving negligence can be challenging. A significant advantage of having legal representation is their professional understanding of effectively establishing that claim.

Can a Wrongful Death Attorney Help You Receive a Better Settlement?

Wrongful death claims can be challenging, especially if you do not have legal experience. These cases are often emotionally charged as families deal with the unexpected loss of someone they love, who may have died under avoidable circumstances. When the financial burdens start to compile quickly, it can be tempting to take the first settlement offer provided. However, that is not typically the best option. Some ways a wrongful death attorney can help include:

• They investigate the circumstances surrounding the accident and how the at-fault party played a role in your loved one’s death.
• They identify the damages available in your case to ensure you receive a fair settlement.
• They gather supporting evidence to prove your damages and combat pushback from the insurance company.
• They represent you in all conversations with the defense and the insurer.
• They provide emotional support and understanding as you face a challenging time.
• They can access experts to support your claims for negligence and damages.
• They protect your right to compensation.

Our experienced wrongful death attorneys at Fielding Law will help you build your case and identify the damages available for recovery. People who hire legal representation overwhelmingly receive a better settlement faster. No amount of money can replace the loss of a loved one, but we can help you get the compensation you need to cover your financial losses and start rebuilding your life. The statute of limitations on filing a wrongful death case is brief. Contact Fielding Law today at (877) 880-4090 for your free consultation.