How Long Do Wrongful Death Cases Take to Settle?

Losing a loved one due to someone else's negligence is one of the most challenging experiences any family can endure. As survivors work through their grief, they may also consider seeking justice and compensation through a wrongful death claim. One of the common concerns families have is how long it will take to settle a wrongful death case. The timeline for these cases can vary depending on multiple factors. Still, Harper, Evans, Hilbrenner & Netemeyer can guide you with compassion and dedication, ensuring your case is handled efficiently and effectively.

Factors That Affect the Timeline of a Wrongful Death Case

Several critical factors can influence how long a wrongful death case takes to settle in Missouri. Understanding these elements can help you set realistic expectations and prepare for the journey ahead. Below, we expand on these factors to give you a more detailed look into the process.

Complexity of the Case

The complexity of a wrongful death case can dramatically impact how long it takes to settle. In cases where liability is straightforward — for instance, when there is clear evidence of negligence, such as in a fatal car accident where the other party was intoxicated — the process may be quicker. However, more complex cases often take longer.

Investigation and Discovery

The investigation and discovery phases are essential to building a solid wrongful death case but can be time-consuming. During this phase, both sides gather and exchange evidence, interview witnesses, and take depositions, all of which can stretch the timeline. The thoroughness of this process is critical to the success of your claim, as both sides need to understand the circumstances surrounding the wrongful death fully.

This phase often involves obtaining medical records, police reports, surveillance footage, and other critical pieces of evidence.

Negotiations with Insurance Companies

Insurance companies often play a pivotal role in the settlement process, and their involvement can either speed up or slow down the timeline. In some cases, insurance companies are eager to settle quickly to avoid trial costs. However, it is more common for insurance companies to initially dispute liability or undervalue the claim, which can delay the settlement process.

Insurance adjusters may engage in prolonged negotiations, often offering settlements far below the claim's worth. The back-and-forth nature of these negotiations can take time, especially when the attorney must resist low offers and advocate for a fair settlement.

Court Backlogs

If settlement negotiations fail and the case goes to trial, court backlogs can significantly influence the timeline of your wrongful death case. Like many other states, the Missouri court system often faces scheduling delays due to high case volumes. This can lead to months or even years of waiting for a court date, particularly in densely populated areas where courts are overwhelmed with cases.

The court's availability determines how quickly your case will move through the judicial process. Once your case is in the court system, it must follow the court's procedural timeline, which includes filing motions, attending hearings, and possibly multiple pre-trial conferences.

Willingness to Settle

The willingness of both parties to engage in settlement discussions can significantly impact how long the case takes to resolve. If both the plaintiff and defendant are open to negotiating a settlement early in the process, the case may settle within months, sparing the time and cost of a trial. However, if one side resists settling, it can lead to extended litigation.

In some cases, defendants may refuse to admit liability or believe they have a strong chance of winning at trial. This stance can lead to a prolonged legal battle, with each side gathering more evidence and preparing for trial instead of focusing on settlement.

Medical and Financial Documentation

Obtaining the necessary documentation to support your wrongful death claim can also affect the timeline. To calculate the damages, your attorney will need to gather extensive records, including medical bills, hospital records, funeral expenses, and financial statements showing lost wages or future earning potential.

This documentation can be challenging to obtain, especially if medical providers or other entities are slow to respond to requests for records. The completeness and accuracy of these records are essential to ensuring that you receive fair compensation, but obtaining them can add time to the case. If critical financial documentation needs to be included or completed, it may take longer for your attorney to calculate the total damages and present a compelling case.

Typical Timeframe for a Wrongful Death Case in Missouri

While every case is unique, wrongful death cases in Missouri typically take several months to several years to settle. On average, if the case settles without going to trial, it may take between six months and a year. However, if the case proceeds to court, it could take two to three years or more, depending on the case's complexity and the courts' availability.

Steps in the Wrongful Death Case Process:

1. Initial Investigation: This phase involves gathering evidence, interviewing witnesses, and establishing the facts of the case.
2. Filing the Wrongful Death Lawsuit: After sufficient evidence is gathered, your attorney will file the necessary documents in court.
3. Discovery Phase: Both sides exchange evidence and take depositions to build their respective cases.
4. Settlement Negotiations: Attorneys from both sides will attempt to negotiate a fair settlement.
5. Trial: If a settlement cannot be reached, the case will proceed to trial, where a jury or judge will determine the outcome.

Why You Need Experienced Legal Help for a Wrongful Death Case

Navigating the legal complexities of a wrongful death case without guidance can be overwhelming, especially while dealing with grief. The attorneys at Harper, Evans, Hilbrenner & Netemeyer understand the emotional toll a wrongful death case takes on families. We are committed to providing compassionate, personalized legal support throughout the process, ensuring you receive the compensation and justice your family deserves.

In many cases, having an experienced legal team can expedite the settlement process. Our attorneys are skilled negotiators who understand how to effectively deal with insurance companies and defense attorneys to secure a timely and fair settlement. If a trial becomes necessary, we are prepared to fight aggressively on your behalf to ensure justice is served.