How Long Does It Take to Settle a Wrongful Death Claim?
April 22, 2024 – Paul Hammack
Every lawsuit is different, so it is not possible to “average out” how long it takes to settle a wrongful death claim. Your case may move faster or slower depending on:
- The availability of evidence
- How the liable party’s insurance company reacts to the lawsuit
- How many liable parties exist
- Other legal factors, such as how motions get processed
How Can a Lawyer Help Me Get a Settlement?
The liable party’s insurance company may or may not agree to negotiate and offer you a fair settlement. However, insurance adjusters are likely to do everything possible to undermine and undervalue your case.
In hiring a lawyer from our team, you are hiring someone to serve as a buffer against the insurance company’s attacks and vigorously pursue the money you need. Should you work with a lawyer from our firm, our legal team can:
- Investigate your loved one’s death: We will compile evidence (e.g., medical records or expert testimony) to prove your case’s validity.
- Identify and notify the liable party: Once we have confirmed the identity of all liable parties involved in your case, we will let those parties know that you are suing them.
- File paperwork: Our team will see to it that all forms are completed and sent to the appropriate parties within the applicable deadlines.
- Negotiate for a fair settlement: If the insurance company is open to negotiations, a lawyer from our team will seek the largest possible payout for you.
- Take the fight to court: If the insurance company withholds a fair settlement, you and your lawyer can discuss the possibility of going to trial.
- Advise you: You do not have to wonder about your case’s progress or make uninformed legal decisions. Our team will always be here to keep you updated and answer your questions.
How Much does an Attorney Cost?
Our goal is to make legal representation accessible to all. You and a team member from our law firm can discuss payment options early in the process. Our lawyers work for a portion of whatever compensation they recover for you, so you can afford the legal representation you want.
How Do I Know What to Sue for?
Our team can help you compile a list of the damages you qualify for and assign a dollar value to each. If you wish to get a jumpstart on the process, take a look at the lists below and see if these common damages reflect your experiences.
Qualifying for Economic Damages
You could be eligible for economic damages if your loved one’s accident caused them or your family financial distress. This distress may stem from the following.
- End-of-life expenses: You paid for your loved one’s funeral, burial, or anything else necessary for laying them to rest.
- Medical expenses: Before they passed away, your loved one sought treatment for their injuries.
- Loss of financial support: Losing your loved one’s income has had a negative impact on your household and lifestyle.
- Loss of earning capacity: In the time between the accident and their death, your loved one was unable to earn as much money as they did before the accident.
Qualifying for Non-Economic Damages
You could be eligible for non-economic damages if your loved one’s accident caused them or your family physical and mental suffering. This suffering may stem from the following.
- Loss of companionship: You miss your loved one and all of the affection and support they used to give you.
- Pain and suffering: The accident and the injuries stemming from it were traumatizing for your loved one.
- Disability: The accident cost your loved one the use of an arm, an organ, or another body part.
- Reduced quality of life: After the accident, your loved one needed help with everyday tasks (e.g., cooking or dressing).
Who Should I Sue for My Loved One’s Wrongful Death?
We can confirm the liable party’s identity and find out if there are any other liable parties who owe you compensation.Depending on how your loved one’s fatal injury occurred, you may end up suing:
- A property owner
- A motor vehicle operator
- A manufacturer
- A medical professional
- A combination of the above
All wrongful death lawsuits must be filed within three years of the death, as stated in S.C. Ann § 15-3-530. This deadline may be even shorter in your case. For example, you have two years to sue a municipality, per S.C. Ann § 15-78-110. As such, it is better to start your case as soon as possible.
Get a Free Case Review When You Call Hammack Law Firm
The team at Hammack Law Firm would be happy to help you with your case, no matter how long it takes to settle your wrongful death claim or if a lawsuit becomes necessary.
Call our office at (864) 326-3333(864) 326-3333 to schedule a free case review today. As one satisfied client put it, our lawyers “provide top-notch legal services” and “truly care about their clients.”