A wrongful death lawsuit typically takes between one and four years, but some may be resolved in as little as a few months. The length of time depends on the complexity of the case, the likelihood of a settlement without a civil trial, and the court’s schedule.
Many claims take years, even before negotiations commence or the case goes to trial. The discovery phase is often the most time-consuming part. Appeals can also extend the time period for a wrongful death lawsuit, sometimes adding months or years onto the process.
If you believe you have grounds for a wrongful death lawsuit, contact our wrongful death lawyers in Long Island. Our team has recovered hundreds of millions of dollars for accident victims and their families. Call to schedule your free consultation and learn how we can help.
What Is a Wrongful Death Lawsuit?
When a person dies because of the negligent actions of another party, surviving family members or the decedent’s estate have the right to file a wrongful death lawsuit. Any personal injury case can become a wrongful death case if the person passes away due to their injuries.
This includes:
- Motor vehicle accidents
- Premises liability cases
- Defective products
- Medical malpractice
- Workplace accidents caused by third parties
States have individual laws regarding who can file a wrongful death lawsuit. For example, only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York. Surviving family members or next of kin may recover damages.
What Is the Typical Timeline of a Wrongful Death Lawsuit?
How long a wrongful death lawsuit takes depends on its complexity. Cases with many defendants, or that require extensive investigation or expert consultations, may necessitate spending more time in certain phases.
Initial Investigation and Filing
The initial investigation can take up to six months. During this stage, the personal representative or their attorney gathers evidence about the decedent’s death. This includes medical records, accident reports, witness statements, and other evidence.
An attorney will evaluate whether negligence or misconduct caused the death and identify liable parties. Once sufficient evidence is collected, a complaint is filed in court, officially starting the lawsuit. The defendants are then served and given time to respond.
Discovery Phase
In the discovery phase, both sides exchange evidence and information to prepare for trial. This can take between six and 18 months. Information may include written interrogatories, document requests, and depositions of witnesses and experts.
Attorneys analyze medical and financial records to determine damages like medical expenses, lost income, and emotional suffering. The discovery process can be lengthy, as parties often argue over evidence and request additional information.
Settlement Negotiations
After discovery, the parties often enter into settlement talks. Reaching a mutually agreeable resolution may take anywhere from a few days to many months. Attorneys exchange offers based on liability evidence, insurance coverage, and potential jury awards.
Settlements can occur at any time but are most common after discovery clarifies the case’s value. Successful negotiations are usually beneficial for all parties. They can resolve the case faster and avoid the need for a lengthy and emotionally draining civil trial.
Trial and Verdict
If settlement discussions aren’t successful, the case moves to trial. The preparation phase can take up to six months, and the trial itself several weeks. To prove wrongful death, the plaintiff must show that the defendant’s negligence caused the death and show quantifiable damages.
After both sides present their case, the jury will deliberate. After deliberation, the jury delivers a verdict deciding liability and compensation. Once the proceedings are concluded, the court enters judgment based on the verdict’s findings.
Appeals
Winning a wrongful death lawsuit doesn’t mean it’s over. The defendant may choose to appeal the verdict if they believe legal errors affected the trial’s outcome. This might take several months, or it can add years to a wrongful death lawsuit.
The appellate court must review the trial record, briefs, and arguments to determine whether the court properly applied the law. Appeals can affirm, reverse, or modify the judgment, or order a new trial.
Statute of Limitations for Wrongful Death Lawsuits in New York
According to EPTL § 5-4.1, the statute of limitations for a wrongful death lawsuit in New York is generally two years from the date of the person’s death. If the death resulted from a criminal action, the two years may be extended until one year after the criminal case concludes.
However, claims for medical malpractice–related deaths must be filed within two and a half years of the malpractice or within two years of death, whichever is shorter. Missing these deadlines typically bars the lawsuit from proceeding.
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Get Help With Your Wrongful Death Lawsuit
A wrongful death lawsuit may take months or years, depending on the specific circumstances of your case. Lawsuits that settle out of court take less time than those that go to trial, and appeals can add a significant amount of time to a wrongful death suit.
Our legal team at Levine And Wiss has over 100 years of combined experience, and we’ve served thousands of clients. We’re committed to justice and focused on you. Call today for your free consultation and learn more about how we can help with your wrongful death lawsuit.
