The loss of a loved one is undoubtedly a painful and heartbreaking experience. But that experience is made considerably worse when the death was the result of someone else’s negligence or wrongdoing. As you mourn the loss, it can be difficult to move on with your life, especially if you haven’t been compensated for your loss and haven’t found closure and justice yet.
This is where filing a wrongful death lawsuit can help. While suing the at-fault party cannot reverse time or bring back your loved one, it may ease the financial burdens that accompany the death of a family member. But I would be lying if I told you that obtaining compensation through a wrongful death lawsuit is an easy and quick process.
At Antaramian Law, APC, I know how long wrongful death lawsuits can take. With nearly a decade of experience as a wrongful death attorney in Los Angeles, California, I understand deeply how the legal process works and what can be done to speed up the process without sacrificing the full amount of compensation to which my clients are entitled.
Under California Code of Civil Procedure § 377.60, wrongful death occurs when someone dies as a result of another’s neglect or wrongful act. But can you file a wrongful death lawsuit if your loved ones died in an accident? As long as the death was the result of someone else’s failure to exercise proper caution or care, the answer is yes.
There is no way to predict how long your wrongful death lawsuit will take without evaluating the facts in your case. The timeline of a wrongful death lawsuit can range anywhere from several months to four years. As a rule of thumb, if parties can settle their case outside of court, the case won’t take long. If they can’t settle and the case goes to trial, it will generally be on the longer end of the scale.
“But I don’t want to wait years to receive my settlement money,” you may be thinking. It’s understandable that you want a sense of closure and justice for yourself and your family. Because without it, it may feel like you can’t move forward with your life. However, that doesn't mean you should jump at any opportunity to settle as soon as possible. Don’t get me wrong. I understand that you want to put the tragedy behind you and regain a sense of normalcy in life. But this shouldn’t be done at the expense of receiving fair and full compensation.
What I mean is that it’s possible to settle a wrongful death claim quickly, but doing so may not be in your best interest. If you accept a quick settlement without considering the full extent of damages, you could be leaving hundreds of thousands of dollars on the table.
How long it will take to resolve a wrongful death case is not something that can be predicted with 100% certainty. However, if you can accurately evaluate the unique factors in your case, you will have a better understanding of the timeline. Some of the factors that could affect how quick or drawn-out a wrongful death lawsuit might be include:
Complexity of the case: The complexity of a wrongful death case often hinges on the circumstances surrounding the fatal incident. If the case involves multiple parties, such as in medical malpractice or multi-vehicle accidents, it may take longer to gather evidence and establish liability.
Availability of evidence: The timeline is also affected by how quickly evidence can be gathered. This includes medical records, accident reports, and witness testimony, among others. The more comprehensive the evidence, the faster the case may proceed.
Filing the lawsuit: The initial step of filing the lawsuit can vary in duration depending on the court's schedule and the legal team's preparedness. Ensuring all paperwork is correctly filed can prevent unnecessary delays. Also, keep in mind that there is a limited amount of time to sue for wrongful death. In California, the statute of limitations for wrongful death lawsuits is two years from the date of death (California Code of Civil Procedure § 335.1).
Discovery phase: During discovery, both parties—the plaintiff (surviving family members or the personal representative of the deceased's estate) from one side and the defendant (the sued party) from the other—exchange information related to the case. This phase can take several months as each side collects depositions, documents, and other evidence to build their arguments.
Willingness to settle: If the liable party is open to settling, the lawsuit can be resolved more quickly. However, if negotiations stall, it might be necessary to proceed to trial, which can drastically lengthen the timeline.
Mediation and arbitration: These alternative dispute resolution methods can speed up the process by providing a platform for both parties to reach an agreement without going to court. However, they depend on the cooperation of all parties involved.
Court availability: Court schedules are often congested, which can delay trial dates. The availability of judges and courtroom resources will impact how quickly the case proceeds to trial.
Length of the trial: Once the trial begins, its duration can vary based on the case's complexity, the number of witnesses, and the amount of evidence presented, among other factors.
Appeals process: If the court's decision is appealed by either party, it can add months or even years to the timeline. Appeals require a review of the case by a higher court, which prolongs the resolution.
Navigating a wrongful death lawsuit is undoubtedly challenging, but understanding these factors can help you manage expectations and work with your attorney to achieve the best possible outcome for your case.
If you are considering suing the individual or entity that caused your loved one’s death but you are concerned about the timeline of your wrongful death lawsuit, I get it. The last thing you want right now is to spend the next months—possibly even years—in court battles against someone you’re blaming for your loved one’s death. At Antaramian Law, APC, I want you to have realistic expectations about the legal process so that you can make informed decisions in your case. I serve people who lost family members in Los Angeles and throughout other counties including San Bernardino County, Riverside County, Ventura County, Orange County, and Kern County. Set up a free case evaluation today to talk about your specific situation.
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