In most cases, the length of a wrongful death lawsuit can take anywhere from several months to several years. The timeline depends on the details of what happened, whether the case resolves through settlement, and how complex the issues are.
After losing someone you love, waiting through a legal process can feel exhausting. Understanding what affects the timeline can help you feel more prepared for what lies ahead. The Orlando wrongful death lawyers at DWK Law are experienced with handling wrongful death claims and committed to helping you understand what to expect from the process.
What factors influence how long a wrongful death lawsuit will take?
A wrongful death lawsuit in Orlando can take from several months to several years to resolve, and many things contribute to how long it takes to find a resolution.
Settlement vs trial
Many wrongful death cases begin with settlement negotiations. In some situations, families are able to reach an agreement without going to trial. When that happens, the process may move more quickly.
If negotiations do not lead to a fair resolution, filing a wrongful death lawsuit may become necessary. Court schedules, pretrial procedures, and the discovery phase can extend the timeline. While a trial can take longer, it might also provide an opportunity for a full and careful review of what happened.
Complexity
The complexity of your case can affect every step of the process. We often see more complicated cases take longer in the beginning stages of gathering evidence, or the discovery phase of the litigation. This often includes medical records, witness statements, or expert testimony, and may take several months to a year on its own.
When the facts of the case are complicated, usually, so are the negotiations. You may need to provide additional evidence to support certain claims, or it may take longer for the insurance party to review large quantities of evidence.
Insurance cooperation
Insurance companies carefully review wrongful death claims, especially when significant damages are involved. This review process can sometimes slow negotiations. In some cases, additional documentation or clarification may be requested before a settlement offer is made. While this can extend the timeline, it’s often part of the evaluation process.
Will it take longer to resolve my case if I file a lawsuit?
Filing a wrongful death lawsuit often adds additional steps to the process, including formal discovery and court scheduling. Because of that, cases that proceed to trial typically take longer than those resolved through settlement negotiations.
But every situation is unique. The right path depends on the facts of your case and your family’s goals.
What can I do to decrease the duration of my wrongful death settlement?
While much of the timeline is outside your control, there are steps you can take to help the process move forward more smoothly. Providing requested documents early and maintaining clear communication with your attorney can reduce unnecessary delays.
Starting the process earlier rather than later may also help preserve evidence and ensure compliance with Florida’s statutes of limitations, which generally require wrongful death lawsuits to be filed within two years.
What should I do if I’m considering a wrongful death lawsuit?
You don’t have to navigate this alone. DWK Law works with families throughout Orlando who are trying to understand their legal options while coping with profound loss. If you would like to talk through your situation, you can call (407) 244-3000 or contact us online to schedule a free consultation.