White-haired mother comforts adult daughter after wrongful death.

How Long Do Wrongful Death Cases Take?

Thorsnes Bartolotta McGuire LLP
Apr 24, 2024
Settling a wrongful death lawsuit can take anywhere between a few months to a year or more. One factor you can control to expedite the process is hiring a proven attorney to handle your case.

The help of an experienced wrongful death attorney can ensure your case is filed swiftly and moved through the process in a timely manner. This allows you to focus on private matters and personal healing while your lawyer handles the paperwork.

We at Thorsnes Bartolotta McGuire understand the profound impact such a tragedy can have on families. Our goal is to provide guidance, support, and information to help bring about the closure you need.

In this article, we'll explore the special considerations, rights, and options available to spouses, children, and parents in wrongful death cases. Please explore this information, and don't hesitate to reach out for a confidential consultation to discuss your case and how we can assist you.

A wrongful death attorney can help you grieve with dignity. Let us work on your behalf to address the legal complexities that arise after the heartbreaking loss of a loved one. Contact Thorsnes Bartolotta McGuire today at (619) 236-9363 for a confidential consultation and personalized legal guidance in your wrongful death case. Let us support you in seeking justice and honoring your loved one’s memory.

How Long to Settle a Wrongful Death Suit for Surviving Spouses?

On average, settling a wrongful death suit for spouses can take anywhere from several months to a few years.

The time it takes to settle a wrongful death suit involving spouses can vary significantly based on several factors. These factors include the complexity of the personal injury or accident that caused the death, the legal strategies employed, and the court's schedule. 

Special considerations for surviving spouses in wrongful death lawsuits may include: 

  • Financial Losses: Surviving spouses may be entitled to compensation for financial losses resulting from the death. These can include loss of income, loss of benefits (such as pension or retirement benefits), medical expenses, funeral and burial expenses, and other related costs.
  • Loss of Consortium: The legal term consortium refers to the loss of companionship, affection, emotional support, and intimacy that the surviving spouse experiences due to the death of their spouse. In wrongful death cases, damages may be awarded to compensate for this loss.
  • Parental Rights: If the deceased spouse was a parent, the surviving spouse may also have rights related to custody, visitation, and support of any minor children. These issues may be addressed as part of the wrongful death lawsuit or in separate family court proceedings.

To expedite the settlement process and ensure the best possible outcome, it's crucial to work with experienced legal professionals who have proven results in wrongful death cases. We can guide you through the legal complexities, advocate for your interests, and help you pursue a fair and just resolution.

How Long Do Wrongful Death Cases Take for Adult Children of the Deceased?

Generally, wrongful death cases involving adult children of the deceased can take anywhere from several months to several years to resolve. 

The duration of the case can vary widely depending on various factors. Such factors may include the complexity of the injury or medical malpractice case that caused the death, the cooperation of involved parties, and the specifics of the evidence and testimony involved. 

Here are some unique factors that can influence the timeline:

  • Standing to Sue: Adult children may have the legal standing to bring a wrongful death lawsuit if they are designated as beneficiaries or representatives of the deceased's estate, or if they are financially dependent on the deceased. This standing allows an individual to pursue legal action against the responsible parties for their parent's death. Siblings may need to agree to work jointly.
  • Caregiving Services: Adult children who incurred medical expenses or funeral costs related to the deceased's death may be able to recover these expenses as part of a wrongful death lawsuit. This is especially true if they contributed to the deceased's care. Alternatively, adult children who were financially dependent on the deceased may be entitled to compensation for the loss of financial support and services, such as education or living arrangements.
  • Inheritance Rights: In cases where the deceased parent did not have a will or estate plan, adult children may have inheritance rights under intestacy laws. Wrongful death settlements or awards may also affect the distribution of the estate, and adult children should be aware of how these legal matters intersect.

The amount of compensation sought and the available insurance coverage can also affect the negotiation timeline. Higher compensation demands or limited insurance coverage may lead to more extensive negotiations or even a trial, further extending the duration of the case.

To facilitate the resolution process and ensure the best possible outcome, it's essential to work with experienced legal professionals experienced in wrongful death cases. We can provide tailored legal guidance, advocate for your interests, and help you pursue a fair and just resolution for the loss of your parent.

If you've experienced the loss of a spouse, parent, or child due to wrongful death, know that you're not alone. Our dedicated legal team is here to listen, guide, and advocate for your family's rights. Contact Thorsnes Bartolotta McGuire at (619) 236-9363 for compassionate, professional help.

How Long Does it Take to Settle Wrongful Death Claims for Minor Children?

On average, settling wrongful death claims for minor children can take anywhere from several months to a few years. 

One crucial aspect that can influence the timeline is whether liability is disputed or if the responsible party accepts fault early in the process, such as after a car collision or bicycle accident. If liability is clear and all parties are willing to negotiate, a settlement may be reached more quickly. 

However, if liability is contested or if there are multiple defendants involved, the process can be prolonged as evidence is gathered, depositions are taken, and negotiations continue.

Other factors related to settlements after the wrongful death of a minor child may include:

  • Grief Counseling: Parents often experience profound emotional distress and grief following the wrongful death of a minor child. It's essential for parents or guardians to seek emotional support and counseling to cope with their loss and navigate the grieving process.
  • Loss of Companionship: Parents may be entitled to compensation for the loss of companionship, love, and emotional support they would have received from their child throughout their lives. This loss can encompass psychological and spiritual aspects of your parent-child relationship.
  • Loss of Financial Support: This refers to the financial contributions that the child would have made to their family if they had lived. It can include potential income, financial support for dependents, and other forms of economic assistance.

Additionally, In some cases, parents may choose to advocate for changes in policies, regulations, or safety standards to prevent similar tragedies from occurring in the future. This advocacy work can be part of the healing process and a way to honor their child's memory.

If you're navigating a wrongful death claim involving minor children, seeking legal representation can be crucial in securing the justice and compensation your family needs.

Contact Experienced Wrongful Death Lawyers Right Away

Losing a loved one due to wrongful death is a devastating experience. As families navigate through the legal complexities and emotional aftermath of such a tragedy, it's crucial to understand their rights and options.

From seeking compensation for financial losses and future expenses to addressing emotional distress and advocating for change, surviving family members have a range of decisions to make. Legal counsel experienced in wrongful death cases can provide invaluable support, guiding you through the legal process and fighting for justice on your behalf.

Contact Thorsnes Bartolotta McGuire today at (619) 236-9363 to schedule a free, fully confidential consultation and explore your legal options after the wrongful death of a loved one. Our compassionate legal team is here to help you seek justice and compensation as quickly as possible.