The question of how long an Atlanta wrongful death lawsuit will take weighs heavily on many grieving families. While seeking justice is important, the idea of a prolonged legal battle can seem daunting. Wrongful death claims often take one to two years to resolve, but certain factors can extend or shorten this timeframe.
The Steps Involved in an Atlanta Wrongful Death Lawsuit
The first step in pursuing a wrongful death lawsuit is to consult with an attorney. This initial meeting allows families to understand their legal rights, assess the strength of their case, and determine the best course of action. From there, the legal process unfolds:
- Investigating the Case: The attorney will gather evidence, interview witnesses, and consult experts to build a strong foundation for the claim. The investigation process may involve collecting police reports, medical records, and any available surveillance footage.
- Insurance Claims or Early Negotiations: The lawyer may attempt to settle with the responsible party or their insurance company before filing a formal lawsuit. Negotiations may go back and forth as both sides present arguments and evaluate settlement offers.
- Filing the Lawsuit: If negotiations are unsuccessful, the attorney files a formal complaint in court, officially initiating the legal proceedings. The defendant then has a set period to respond to the complaint.
- The Discovery Process: Both sides exchange information, take depositions, and gather additional evidence to prepare for trial. This phase can be lengthy, sometimes taking six months to one year to complete.
- Pre-Trial Negotiations: As the trial date approaches, attorneys from both sides often engage in settlement talks to resolve the case without going to court. If negotiations are successful, the case will conclude at this stage.
- The Trial and Verdict: If a settlement cannot be reached, the case proceeds to trial, where a judge or jury determines the outcome. The trial can last anywhere from a few days to several weeks, depending on the complexity of the case.
Factors Affecting the Duration of Wrongful Death Cases
Several factors can influence how long a wrongful death lawsuit takes to resolve. The complexity of the case plays a significant role. Accidents involving multiple parties or requiring extensive expert testimony may involve more comprehensive investigations and complex legal arguments and, as a result, take longer to litigate. If a defendant is willing to negotiate and offer a fair settlement, then the case may be resolved faster.
The amount of damages can also influence the timeline of the lawsuit. Higher-value cases often face more scrutiny and negotiations, thus extending the case. If the defendant contests liability or disputes the damages that the victim seeks, the case may take longer as well.
Hiring an attorney may also help accelerate the legal process. A knowledgeable Atlanta personal injury lawyer understands the rules and procedures associated with these claims and can help you avoid common errors that would otherwise delay your settlement.
Begin Your Journey to Justice with Monge & Associates Today
For families seeking justice after the loss of a loved one, the wrongful death lawsuit process can seem complex and daunting. An Atlanta wrongful death lawyer can provide valuable clarity and guidance during this time, helping families navigate their claims with confidence. If you plan on pursuing a lawsuit, contact us at (888) 653-0605 for a free case consultation today.