How Long Does a Wrongful Death Lawsuit Take?

Losing a family member or loved one from an incident caused by another person’s negligence is devastating, to say the least. Luckily, a wrongful death claim is a legal route you can take for seeking compensation to alleviate the financial and emotional losses caused by the unexpected death.

A wrongful death lawsuit can be a complex process. One of the more frequent questions asked before filing is families wondering: How long does a wrongful death lawsuit take? While there is no definitive answer, the timeline can range from several months to several years, depending on a variety of factors.

Below, we help break down the essential aspects of a wrongful death case and the varied factors that may impact how long the legal process can take.

Scenarios Leading to a Wrongful Death Claim

• Motor vehicle accidents – Fatal incidents involving cars, motorcycles, trucks, or pedestrians often result from reckless driving, driving under the influence, or failure to follow traffic laws. If another driver’s negligence caused a fatal car crash, the surviving family may have grounds for a wrongful death lawsuit.
• Workplace accidents – Fatal workplace incidents occur due to unsafe working conditions, lack of safety equipment, or employer negligence. Industries such as construction, manufacturing, and transportation often see workplace fatalities due to machinery accidents, falls, and hazardous exposure.
• Medical malpractice – When a doctor, nurse, or healthcare professional fails to provide proper care, leading to a patient’s death, the surviving family may pursue a wrongful death claim. This can involve surgical errors, misdiagnosis, delayed treatment, or medication mistakes.

Important Details Regarding the Filing of Wrongful Death in Kentucky

Just like most legal matters, certain laws and rules must be followed regarding a wrongful death claim. Each state has its own set of rules, so if you are seeking compensation through a wrongful death lawsuit in Kentucky, make sure you are aware of the following key details:

• Who can file: Just because you are the spouse or family member of the deceased does not mean that you can handle the legal aspects of a wrongful death case. Only the personal representative can file this type of lawsuit. The personal representative is an individual who has been selected in the deceased’s will or is appointed by the court to handle all legal matters.
• Types of damages/recoverable compensation: When it comes to awarded compensation in a wrongful death claim, the money is set to cover the damages the family has suffered through the premature death. This includes economic damages such as medical bills, funeral and burial costs, loss of income, and loss of benefits. It can also include non-economic damages like loss of companionship, loss of care, loss of consortium, and pain and suffering. In cases where there was severe misconduct or negligence, the family can also seek punitive damages that punish the defendant for the incident.

Typical Length of the Wrongful Death Lawsuit Process

Difficult to give an average time frame due to considerations like the amount of time the discover process takes, such as collecting all evidence to establish the defendant’s negligence and breach of duty; also given the varying time frames for negotiating with insurance companies, which can go back and forth; additionally, if the case goes to court it can also prolong the process. However, there are specific time frames the personal representative must file the initial claim to get the process started. This refers to the statute of limitations which differs by state but is an important factor in any civil case.

Statute of Limitations for a Wrongful Death Claim in Kentucky

In a wrongful death case, you typically have one year from the date of the death to file the claim. Kentucky law provides the surviving family members to have the legal representative (the designated person eligible to handle legal matters for the deceased) file a wrongful death lawsuit for up to one year from the date of the death. However, this may vary in cases where there is not yet an established personal representative, which the court will have to appoint. Attempting to file a wrongful death claim after the statute of limitations is likely to result in little to no compensation.

While a year may seem like an extended period, it can go by extremely fast; especially given the amount of time that investigations and the discovery process can take. It is also worth noting that any civil matter can be complex or confusing to a person not versed in the legal realm. If you have been designated as the personal representative in a wrongful death case, consider reaching out to a wrongful death lawyer to help with your case.

Factors That May Affect the Timeline of a Wrongful Death Claim

There is no set timeframe for a wrongful death lawsuit. Each case will differ in its details, and the time it takes to resolve this type of civil case can vary. Several factors that may impact the overall timeline can include:

• Complexity of the case: Cases that involve multiple parties or complicated legal issues may take longer to resolve.
• Discovery process: The process of gathering evidence, interviewing witnesses, and exchanging information can be time-consuming in a wrongful death lawsuit.
• Settlement vs. Trial: Cases that settle outside the courtroom are usually resolved faster than those that require you to go to trial.
• Court delays: Both court schedules and workloads can affect the timeline of a wrongful death suit.
• Appealing a decision: If the case has gone to trial and one party is not satisfied with the outcome, they can appeal. An appeal can extend the outcome and process even further.

If you are concerned about the process of filing a wrongful death lawsuit or navigating a legal claim on your own, consider reaching out to Morrin Law. Our Kentucky wrongful death attorneys can help you throughout the entire process.

How an Experienced Attorney Can Assist You with a Wrongful Death Lawsuit

If you are considering pursuing compensation through a wrongful death claim, it is crucial to consult with a Kentucky attorney who specializes in wrongful death cases. Talking with a lawyer as soon as possible can help you understand your rights and options moving forward with this type of civil case. While there is no set time to complete a wrongful death lawsuit, an attorney can review the case details and help you navigate the process within the statute of limitations.

Additionally, having an experienced attorney on your side can help with assessing the claim, gathering information, negotiating with insurance companies, and representing you in the courtroom if the case goes to trial. Morrin Law can provide you with insight and support throughout the entire legal process. Contact our wrongful death attorneys today at (859) 695-3631 to receive a risk-free case evaluation.