Resolving a wrongful death lawsuit quickly is often of top priority for grieving family members, but every legal process takes time. If you are thinking of pursuing a wrongful death lawsuit after the loss of a loved one, you should understand the legal aspects before you file. Some cases can be settled quickly, while others may take an extended period of time. It is important to research the duration of various types of these lawsuits and understand liability disputes. You should also know what damages you will qualify to receive from the lawsuit.
Duration varies depending on the lawsuit
Some wrongful death lawsuits are able to be resolved rather quickly. In certain instances, an insurance company may clearly see the fault of their insured and move things along quickly. Another reason a settlement may be reached faster is if the responsible party is clearly at fault and has minimal insurance limits.
Other wrongful death lawsuits are quite complex, so they take more time to complete. If a person dies and the liability is disputed or the deceased is accused of some responsibility for their death, insurance companies may fight the lawsuit. In this case, a jury or mediator would decide liability. If an insurance company chooses to fight, the legal process may require lengthy hearings and discovery processes.
Liability disputes affect the length of the lawsuit
Liability may be disputed in cases where an individual was not wearing a seatbelt, was texting or talking while driving, or overcorrecting while on the road. In cases such as these, insurance companies claim that the person bears some responsibility for their death. Another cause for a liability dispute may occur when an accident involves several cars. It may be difficult to determine exactly who caused the impact that resulted in a death.
Depositions are held to determine which parties are at fault when liability is in dispute. If this issue is a factor in the delay of a wrongful death lawsuit, a claim could be resolved without a trial. If the insurance provider is not convinced of liability, they may decide to ask a jury to determine liability.
Recoverable damages can vary
Another reason for a delay in the settlement of a wrongful death lawsuit may come from a dispute regarding the value of the claim. Both yourself and your attorney place high value on the life of your loved one. However, the responsible party’s insurer may not hold the same view. It is also difficult for a judge or juror to establish a dollar amount for a life.
There are several things that factor into recoverable damages. A large portion of your wrongful death lawsuit may come from potential lost wages of the deceased. Your loved one can no longer provide for their family, so the responsible party is liable to account for that lost income. Another portion of recoverable damages may be presented as economic damages due to the death, such as funeral costs and hospital bills.
Getting help from an experienced attorney
No one should have to deal with the legal difficulties surrounding a wrongful death lawsuit alone. If you have lost someone due to the negligence of another person, consult a professional attorney. Be aware that the amount of time you have to file a wrongful death lawsuit varies by state. Contact Attorney Dean Boyd if you need help with your lawsuit. Call us today at (806) 242-3333 or Contact Us by email to learn more about our services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for more information about how we can help you.