A loved one’s death is always heartbreaking, and in this situation, the family can seek justice and compensation by filing a wrongful death case. However, how long the process will take is one of the most frequently asked questions. So, let us tell you that there is, unfortunately, no one-size-fits-all solution. The complex nature of the case, the parties’ willingness to settle, and court schedules in San Diego are some of the variables that influence how long a wrongful death lawsuit goes. Under these circumstances, knowing the steps involved can help you get prepared for what’s approaching.
Initial Steps
A complete investigation must be conducted before anything is put forward in court. This involves gathering proof, examining medical records, determining who is at fault, and calculating the possible damages. Moreover, this stage can be longer depending on whether there are multiple parties involved, such as a government agency, a hospital, or a product manufacturer. Thus, following the clarification of the facts, the wrongful death lawyers will draft and submit the lawsuit. In this situation, the legal timeline formally begins at this moment in time.
The Defendant’s Response
A copy of the complaint is given to the defendant after the submission of the wrongful death case. Usually, it has been seen that they have 30 days to reply. Most defendants deny the allegations or attempt to place the blame elsewhere. Thus, the subsequent stage, known as the discovery phase, comes into action depending on the response received.
Discovery Phase
During discovery, witnesses are questioned under oath, and evidence is exchanged between the parties. Other than this, depositions, inquiries in writing or interrogations, document requests, and expert witness reports are a few examples of approaches. Moreover, this stage can be concluded within six months for cases with plain facts. However, if the situation is complicated, such as if the case is about medical negligence or accidents involving multiple vehicles, then the investigation could span a year or more to complete.
Settlement Negotiations
The majority of wrongful death lawsuits are never proven; rather, you would see that they reach an out-of-court settlement through mediation or negotiation. Although these conversations can start at any time, they are usually most beneficial following exploration when both parties have a thorough understanding of the case’s positive and negative aspects. Moreover, this is where the case concludes if both parties arrive at an agreement reasonably. Other than this, if we talk about settlements, then it may be reached quickly or may need several rounds of discussion. This is where the timing varies significantly. It can be seen that some people settle in weeks, while others do so in months.
Summing It Up
Although the majority of wrongful death cases are resolved within a year or two, it depends on the specifics. You might find that some may be settled in a few months, while others may take years. Thus, working with a skilled wrongful death lawyer from hhjtrialattorneys.com, who can help you navigate the process, defend your rights, and advocate for a prompt settlement, is crucial.
car accident lawyer san diego
