Losing a loved one due to someone else’s negligence is devastating. If you’re considering a wrongful death lawsuit, you likely want justice—and closure—as soon as possible. However, wrongful death cases can take anywhere from several months to a few years to resolve. The timeline depends on several key factors, including the complexity of the case, the willingness of the opposing party to settle, and the court system’s schedule.
If you’re navigating this difficult journey, here’s what you need to know about how long wrongful death claims typically take and what affects their duration.
Key Factors That Determine How Long a Wrongful Death Case Takes
1. Investigation and Evidence Gathering (Several Months)
Before a wrongful death lawsuit is even filed, a thorough investigation is needed. This includes:
- Collecting police reports, medical records, and accident reconstructions
- Interviewing witnesses
- Working with expert witnesses, such as forensic specialists and medical professionals
This stage alone can take several months to a year, depending on the case’s complexity and how quickly evidence is obtained.
2. Filing the Lawsuit and Pretrial Motions (3–6 Months)
Once enough evidence is gathered, your attorney will file the wrongful death lawsuit. The defendant (the person or entity being sued) then has a chance to respond. They may file motions to dismiss or delay the case, which can extend the timeline further.
3. Discovery Phase (6 Months – 1 Year or More)
During discovery, both sides exchange evidence, interview witnesses, and take depositions. This is one of the most time-consuming phases of a wrongful death case. If the case involves corporations, hospitals, or government entities, this phase can take even longer due to bureaucratic delays.
4. Settlement Negotiations vs. Going to Trial (Varies Greatly)
Most wrongful death cases settle before trial, but negotiations can take months—or even years—depending on:
- The insurance company’s willingness to offer fair compensation
- Whether the defendant disputes liability or damages
- The severity of the case (e.g., medical malpractice claims often take longer)
If a fair settlement cannot be reached, the case proceeds to trial, which can extend the process by one to two additional years.
5. Trial and Appeals (1+ Year)
If the case goes to court, the trial itself may only last a few days or weeks, but getting to trial can take over a year due to court scheduling. If the defendant loses, they may file an appeal, delaying compensation even further.
Why Do Wrongful Death Cases Take So Long?
A wrongful death case is more than just a legal process—it’s about seeking justice for your loved one. Because of the high stakes, these cases take time to ensure all evidence, witnesses, and legal arguments are properly presented. Additionally, defendants (especially insurance companies and corporations) often try to delay proceedings to reduce their financial liability.
“While families understandably want fast justice, it’s important not to rush a wrongful death case. These claims require thorough investigation to prove liability and secure the full compensation your loved one deserves. A quick settlement often means accepting less than you’re entitled to, which could leave you struggling financially in the long run.”
How to Speed Up a Wrongful Death Case
While you can’t control everything, there are ways to help expedite the process according to Mama Justice Law’s Wrongful Death Attorneys:
✅ Hire an experienced wrongful death attorney early to start investigating immediately
✅ Gather documents quickly, including medical records and accident reports
✅ Be responsive to your attorney’s requests to keep the case moving
✅ Consider mediation or arbitration if a fair settlement is possible
✅ Avoid unnecessary delays, such as filing late or missing deadlines
Final Thoughts: Be Patient, But Don’t Settle Too Quickly
Wrongful death cases take time, but patience is often necessary to secure the justice and compensation your family deserves. While every case is unique, most wrongful death claims take between 1 and 3 years to resolve fully.
If you’re going through this difficult time, know that you don’t have to navigate it alone. A compassionate and skilled wrongful death attorney can help guide you through the process and fight for the justice your loved one deserves.
