Have you ever felt overwhelmed and confused when you don’t know what to expect in the future? If you are currently going through the grieving process after losing a loved one, you may be feeling this way now. The wrongful death timeline can vary depending on the type of case and which state it is being tried. While there are no specific timelines that can be followed, there are ranges that give you an idea of what to expect.
In this blog, we will discuss the different types of wrongful death cases and the timeframes for each type. We hope to provide you with information that will help you feel more prepared to handle what lies ahead.
How Do Wrongful Death Cases Work?
A wrongful death case arises when someone dies due to the negligence or carelessness of another person or entity. The surviving family members may file a civil lawsuit to recover damages. This type of case differs from a criminal case, which seeks to punish the person responsible for the death.
However, What Determines The Wrongful Death Time Frame?
Several factors play into how long a wrongful death case may take. These include:
- The type of case: There are three main types of wrongful death cases: negligence, product liability, and automobile accidents
- The state where the case is being tried: Some states have laws that may expedite or delay the process.
- The evidence available: If there is a clear cause of death and liability, the case may be resolved faster.
- The insurance company: If the insurance company cooperates, the case may be resolved more quickly.
- The jury: If the jury needs more time to decide, the case will take longer.
Now that we have discussed some factors that play into the wrongful death timeframe let’s look at the timeframes for each type of case.
Most Common Wrongful Death Cases & Their Timeframes
Negligence Cases: This happens when someone else’s careless or reckless actions cause the death of another person. To win a negligence case, the plaintiff must prove that the defendant owed the victim a duty of care, the defendant breached that duty, and the breach was the proximate cause of the victim’s death.
Proving causation can be difficult, so these cases often take longer than other types of cases for the wrongful death elements that must be taken into account. The timeframe for a negligence case can range from one to two years.
Product Liability: This occurs when a defective product causes the death of a consumer. These cases can be challenging because the plaintiff must prove that the product was defective and the defect was the proximate cause of death. Product liability cases often take two to three years to resolve.
Choose Hashem Law Firm: Your Trusted Wrongful Death Lawyer
As you can see, a wrongful death timeline can vary depending on the type of case and the state where it is being tried. While there are no specific timelines that can be followed, there are ranges that give you an idea of what to expect. If you have lost a loved one due to the negligence of another person or entity, contact us. We are an experienced wrongful death attorney that will discuss your case to see what we can do.
Our knowledgeable and compassionate attorneys at Hashem Law Firm are here to help you through this difficult time. We have successfully represented many clients in wrongful death- lawsuits and will fight to get you the compensation you deserve. Contact us today for a free consultation. We are here to help you and your family during this difficult time.