When the family of a deceased person files a lawsuit to recover wrongful death benefits, a major concern is usually the duration of the lawsuit. This is because of the emotional distress and the financial compensation needed to cover expenses and losses. As such, extended legal battles can add to the burden on affected families.
Well, the time it will take to resolve your wrongful death lawsuit depends on various issues surrounding it. Walton Telken Injury Attorneys advises plaintiffs to consult a wrongful death attorney before speaking with insurance companies. Your attorney will guide you, protect your legal rights, and ensure you don’t inadvertently compromise your case while dealing with insurance adjusters.
How Long Does a Wrongful Death Lawsuit Take to Settle in Edwardsville, IL
It often takes several months to several years for wrongful death lawsuits to reach a resolution. As you may note, your case is unique, and therefore, it will be judged based on its specific circumstances. However, your case should resolve anywhere within two years from the date of death, as per the statute of limitations (Act 740 ILCS 180). Otherwise, you may forfeit your right to seek wrongful death benefits.
A wrongful death lawsuit in Edwardsville may be affected by several factors, such as:
Disputes from Defendants
Insurance companies often play a significant role in wrongful death cases, especially when the defendant’s policy is involved in covering damages. These companies may dispute liability, the extent of damages, or the causation of death.
Such disputes translate to lengthy legal battles as the insurance company may seek to minimize the payout or deny the claim altogether. While your lawyer engages the defendants in persistent back and forth, it may significantly prolong the settlement process.
Settlement Negotiations
Often, the plaintiff and the defendant prefer to reach an out-of-court settlement to avoid the uncertainties and expenses of a trial. However, these negotiations can be prolonged if there are disagreements over the following:
- The amount of compensation
- Validity of the claims
- Inclusion of certain damages
In this case, your lawyer may need to take more time to push for a fair settlement, which will extend the resolution date for your wrongful death claim.
A Pending Criminal Case
If the wrongful death is connected to a criminal act, the timing and outcome of the criminal case can impact the civil lawsuit. A pending criminal case may delay the wrongful death suit as attorneys and courts often wait for the conclusion of the criminal proceedings.
Discovery
The discovery phase is a pre-trial procedure in which both parties exchange information relevant to the case, as stipulated by Supreme Court Rules # Rule 415. This process can be time-consuming, particularly if there are extensive documents to review.
In this case, your lawyer may need more time to push for a fair settlement, which will extend the resolution date for your wrongful death claim.
Contact an Edwardsville Wrongful Death Attorney Today
Indeed, many factors can possibly prolong the resolution of a wrongful death lawsuit. It is in your best interest to work with a wrongful death attorney in Edwardsville to expedite the process where possible. A lawyer from our firm will assess your situation and provide a reasonably accurate estimate of the time a wrongful death lawsuit may take.
Furthermore, they can identify tactics meant to slow the process and counter them effectively. So, if you are handling a wrongful death case, don’t hesitate to reach us today. We offer free case evaluation.
Contacting an Edwardsville Personal Injury Attorney
If you or a loved one is hurt in a car accident, consult a personal injury attorney. Our Walton Telken Illinois car accident lawyers will help you understand your rights, deal with insurance companies, and secure the compensation needed for medical bills and other costs.
We know all the rules about reporting accidents and can ensure you do everything right. Additionally, we can assist you in communicating with insurance companies to make sure you’re treated fairly.
We’ll also ensure that you file all the necessary reports and paperwork on time. We provide the expertise and support necessary to navigate these challenges. Contact us by calling 618-272-2284 or reach out online.
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We’re a Midwest-based law firm, small by choice, with big impact. At Walton Telken, our mission is simple: achieve the best possible outcomes for each of our clients. Powered by our passion for victims’ rights and 150 years of combined legal experience, we work hard towards this goal every day—and we have the track record to prove it.
Questions? We’re here to answer them. 618-307-9880 twalton@waltontelken.com
