This is our next post in a series of articles addressing the handling of wrongful death cases in Texas’ greater DFW area. Our last article discussed handling wrongful death cases which involve a commercial vehicle. Such matters often involve multiple defendants and may raise several theories of liability. It also pointed out the importance of retaining a qualified attorney who can ensure all liable parties are identified and all theories of liability are explored. In this article, we will address the amount of time it can take to settle a wrongful death claim. These cases take time for good reason. They require thorough investigation, can be complicated when several parties are involved, and are treated with seriousness from the Court. If you are in need of assistance, then contact our office to speak with a personal injury lawyer.
Wrongful death claims are not like other injury cases. A wrongful death case involves not only financial calculations and legal arguments, but also emotional and financial stakes that are exclusive to matters where one has passed away. Families often want to know how long it will take to reach a settlement. The answer depends on several different factors such as the number of defendants, calculation of damages, the insurance company’s willingness to settle, and trial if necessary.
The first step in settling a case involves identifying all possible defendants. Some cases have only one party at fault but many have more. The number of possible defendants may increase when a death involves a commercial vehicle, dangerous property, or multiple legal entities. A lawyer must look at who owned the vehicle or property, who employed the person responsible, and who owed a duty of care to the person who died. These questions take time to answer and they must be answered before a demand can be made. Then, damages are calculated. Wrongful death damages include pain and suffering experienced before death, financial losses to surviving family members, the loss of companionship, and other amounts. Some of these losses are easy to prove like funeral expenses. Others are more complex like future lost income. It may be necessary to work with experts to estimate long-term financial losses. The goal is to present a full picture of the damage caused by the wrongful act. Building this part of the claim takes time but it is essential.
The attorney will send a demand to the insurance company once damages are calculated. The demand explains what happened, who is liable, and what the family is requesting in compensation. The insurance company may take weeks to review this demand. They may agree to settle, question the value of the claim, or deny liability altogether. These disputes can add weeks or months to the timeline. Some cases can be resolved with further negotiation while others require legal action. Filing a lawsuit adds time to the case but it may be necessary as some insurance companies will continue to deny liability until they see a Complaint filed in Court. Both sides then exchange information during discovery. Depositions, Motions, and hearings follow. The Court will set a trial date that may be months away. Settlement negotiations may continue during this time and many cases do end in settlement before the trial arrives.
The foregoing discussion shows that the amount of time it can take to settle a wrongful death case will depend on the facts of the situation. Some matters may be settled soon after a demand for payment is made. Others, on the other extreme, may not settle until the eve of trial. Experienced counsel will give you an honest assessment as to how long the case may take and will keep you up to date as the matter proceeds.
A wrongful death claim must be built on solid evidence, which takes time. It must clearly show what happened, who is at fault, and how the family has suffered. Insurance companies may try to delay the process or minimize the payout as they do not have your best interests in mind. You need an advocate who will keep the case moving and push for the full amount you deserve. Contact our law firm today if you have lost someone you love due to someone else’s negligence. At Noteboom – The Law Firm, we focus on serious injury and wrongful death cases. We have an on-staff investigator who works closely with our attorneys. We also have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. Contact us today to speak with a Fort Worth wrongful death lawyer. We serve Fort Worth, Arlington, Dallas, and other areas throughout Texas.