Timeline Of A Wrongful Death Lawsuit
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Embarking on the path of a wrongful death lawsuit is a process that demands not only legal expertise but also a considerable measure of patience. A Kansas City wrongful death lawyer can help you understand the intricate dynamics that dictate the timeline of a wrongful death lawsuit, which is crucial for those navigating the often complex and emotionally charged terrain of seeking compensation for a loved one’s untimely demise. There is very little about litigation of any type that happens quickly. Although the rules of civil procedure have been greatly expanded, in theory, to aid parties to evaluate cases and resolve them short of trial, lawsuits have become significantly more complicated.
What Is A “Wrongful Death?”
Wrongful death refers to a death of a person caused by wrongful circumstances. These tragedies often result from another party’s negligence, recklessness, or intentional actions. Unfortunately, many of these deaths could have been prevented if not for the wrongful act or failure to act.
Since a wrongful death occurs due to someone else’s actions rather than a natural cause, the families of the deceased may have the right to seek financial compensation from the responsible party. This compensation can help alleviate the financial burdens that often accompany the unexpected loss of a loved one.
Our Proven Results
Here is a list of tasks that are generally pursued in every wrongful death case, all of which can impact the time it takes for your case to resolve or go to trial:
Investigation Period
Filing The Lawsuit
Discovery
All parties have a right under both federal and state rules to conduct discovery. This takes several forms, and the time it takes to complete this process is dramatically affected by the complexity of the case and the attorneys involved. Complex wrongful death lawsuits can take a year or more to navigate this process.
Most discovery begins with written discovery in the form of interrogatories, requests for production of documents, or requests for admission. Both parties can engage in this process.
- Interrogatories are written questions sent to the other side, generally seeking basic information such as health history, employment history, and witnesses to the accident or incident.
- Requests for production seek documents or other tangible information pertinent to the matter at issue, including accident reports or medical records in a personal injury case.
- Requests for admissions seek to narrow the contested issues by asking, for example, “Admit that when you were operating your vehicle you failed to yield the right-of-way by running the red light?”
This initial step, although ongoing throughout the pretrial period, can take several months to complete, especially depending on whether there are disputes about what can or should be answered.
Deposition
After the initial written discovery is completed, attorneys proceed with depositions, which is another form of discovery. Depositions are answers provided under oath, taken before a reporter who will record all testimony provided in response to questions from the attorneys. This short video explains the deposition process in greater detail.
Your attorney will be present at all depositions and is also entitled to take depositions of the defendants, independent fact witnesses, and expert witnesses. In a car collision case, there may be only a handful of depositions, but in a product defect action involving experts and scores of fact witnesses, dozens of depositions can be taken. Hence, depending on the complexity of the case, concluding depositions can take months.
Settlement Negotiations
Navigating the timeline of a wrongful death lawsuit can be overwhelming, but our wrongful death attorneys are here to guide you through every step of the process. With our support, you can focus on healing while we handle the legal timeline, working to secure the compensation you and your family deserve.
Factors That Can Prolong The Timeline Of A Wrongful Death Lawsuit
The timeline of a wrongful death lawsuit can vary depending on various factors, such as:
- Where one files the case
- Are you in state court or federal court?
- What judge was assigned to preside over the case?
- Does the court have a busy docket or one that is relatively open and uncluttered?
- How complicated is the case? How many defendants are there?
- Who is the defense attorney?
- Is the defense attorney one who is amenable to targeting issues that will facilitate case evaluation, and potential resolution, or are they more interested in delaying the case so they can bill more hours?
State courts vary wildly. In urban jurisdictions such as Kansas City, St. Louis, or Springfield, judges typically have packed dockets, and older cases get priority over newer cases. Sometimes that results in a logjam that keeps newer, uncomplicated cases from reaching the top of the trial calendar. In federal court, there are a myriad procedures. Although designed to facilitate the quick and easy progress of the lawsuit through the system, they frequently have the opposite effect due to the complex federal rules of civil procedure.
The time to navigate the system can range from one to three or more years. In short, the jurisdiction, the judge, the nature of the case, the attorneys on both sides, and the backlog of cases, can all impact the timeline of your wrongful death lawsuit.