How Long Does a Wrongful Death Lawsuit Take?

Losing a loved one because of someone else’s negligence is difficult. Along with the emotional toll, families often deal with medical bills, funeral costs, and lost income. 

A wrongful death lawsuit can help recover compensation, but many people wonder, how long does the process take?

Wrongful death cases take time. The process involves investigations, legal filings, negotiations, and sometimes a trial. Some cases settle in a few months, while others take over a year.

In this post, we’ll explain each stage of a wrongful death lawsuit and how long it might take.

Why the Timeline Matters  

Families involved in a wrongful death case frequently wonder why these lawsuits take so long. Bills don’t stop coming, and the emotional burden doesn’t lighten overnight. Quick resolutions might sound nice, but a rushed settlement can lead to less favorable outcomes. You don’t want to miss out on what your family could be entitled to receive.  

Lawsuits revolve around evidence, expert opinions, negotiations, and scheduling. Every case has its twists. Defense attorneys might request delays, or a judge’s calendar might be packed for months. Because of these issues, the timeline can stretch longer than people expect.  

It’s helpful to accept that patience is part of the process. While you cannot predict every hurdle, being prepared for a year or more can remove some stress. In simpler cases, it might take less time. Still, it’s wise to plan for a scenario that may last well beyond a few months.  

The Process (And How Long Each Part Takes)  

1. Starting the Case (1-3 Months)  

A wrongful death claim usually begins with an in-depth investigation. Families might consult with a wrongful death attorney to learn if there’s a valid claim. 

 Lawyers often start by collecting basic details: police reports, medical records, witness accounts, and any other material that sheds light on the cause of death.  

The lawyer might also look at potential defendants, such as individuals, companies, or government entities. In a car crash scenario, for example, the responsible driver’s insurance policy and driving history might be part of the review.  

Once they have enough to move forward, they’ll draft and file a complaint (the official legal document that starts the proceedings). Then, the defendant (the person or company you’re suing) gets served with the paperwork.

Typically, this part takes a month or two. But it could be longer if there are issues finding the defendant or if more evidence is needed upfront.  

2. Discovery Phase (6-12 Months)  

“Discovery” is a formal phase in which both sides collect and exchange evidence. It can include written questions called interrogatories, requests for documents, and depositions where witnesses give statements under oath. 

Discovery is intended to prevent surprises at trial. Each side gets a chance to learn what evidence the other has.  

This stage can be lengthy. Utah wrongful death attorneys might ask for corporate records, accident reports, and expert evaluations. Expert witnesses, such as medical examiners or accident reconstruction specialists, can also be brought into the conversation. 

Depositions require coordinating schedules, and large amounts of paperwork can take time to sift through.   

Because every piece of evidence can affect the case, lawyers tend to be thorough. A single request for more information can lead to weeks of back-and-forth.  

3. Settlement Conversations (Could Take Weeks or Months)  

Most wrongful death cases are settled out of court. Trials are expensive, stressful, and unpredictable, so both sides usually try to negotiate a settlement.  

Sometimes, settlement talks happen early. Other times, it’s not until the trial is looming that the other side gets serious about making a fair offer. 

Insurance companies love to wait it out, hoping you’ll get tired and take less money. But holding firm can pay off.  

Settlement talks can happen informally through phone calls or more formally through mediation sessions. During mediation, you and the defendant sit down with a neutral third party who tries to help both sides reach an agreement. 

Sometimes this leads to a deal right away; other times, it’s just another step in the process.  

4. Going to Trial (1-2 Weeks, But Scheduling Can Take Months)  

If the case doesn’t settle, you’re headed to court. Courts are busy, and you might be waiting six months to a year just to get on the docket.  

At trial, both sides present evidence, call witnesses, and make their arguments. A jury (or sometimes just a judge) will decide if the defendant is responsible and how much compensation you should get.  

The jury will hear from expert witnesses, family members of the deceased, eyewitnesses, and possibly the defendant. Each side also makes opening and closing statements.  

Jury deliberations can range from a few hours to several days. After that, the jury announces its verdict. If it’s in your favor, the court may award damages, which can include medical bills, funeral expenses, lost wages, and pain and suffering. If the defendant wins, the case could end there unless you decide to pursue an appeal.  

5. Post-Trial Motions and Appeals  

Even after a verdict, there might be post-trial motions. One side could argue that the jury made an error and ask the judge to override the verdict. 

Another motion might seek a new trial. Judges have discretion in these matters- it’s not always an automatic denial or approval. These motions add more time before the final resolution.  

Why It’s Important to Work with a Skilled Lawyer  

It’s critical to work with an experienced lawyer when facing a wrongful death lawsuit. An attorney with a deep background in these matters can evaluate the strength of your case, gather evidence, and advocate for you during negotiations or in the courtroom. A good lawyer also keeps you updated on each step, so you know the status of your case at all times.  

The Bottom Line  

A wrongful death lawsuit can bring some sense of resolution during a devastating time, but it’s rarely a quick process.   

Nobody can promise an exact finish date for your lawsuit. However, staying informed, gathering strong evidence, and working with a committed lawyer can help the process go as smoothly as possible.  

At Henriksen & Henriksen, we understand the emotional and financial strain that comes with a wrongful death case. Our experienced Utah wrongful death attorneys are here to handle the heavy lifting—so you can focus on healing.  

Don’t wait. Call Henriksen & Henriksen today to schedule a free consultation.