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What Factors Influence the Length of a Wrongful Death Claim?

Posted on March 11th, 2020 by Oddo & Babat, P.C.

Factors of Influence in a Wrongful Death Claim

To lose a loved one because of someone else’s actions is a tragedy. This could be due to someone’s immediate action, like a car accident or it could be an exposure-related death. For instance, family members of those who die after asbestos exposure may have a wrongful death case. No matter the reason, if you lose someone due to the actions of another person, you probably have bills to cover and financial losses that are grossly unfair. Fortunately, there are avenues when it comes to wrongful death action.

If you are considering wrongful death action, the time that it takes may seem overwhelming at first. It can be a long process, after all. Here is what to expect when it comes to filing a suit.

Figuring out the Circumstances

Before you can file a wrongful death claim, you have to figure out the circumstances of the case. Why do you think another party was negligent or responsible for the death? The circumstances will dictate how long the process takes. You have to determine how straightforward the link between the other party and your loved one’s death is. To make your case, you will also have to have evidence that the person did act negligently.

There are a lot of facts to the case that you and your lawyer have to figure out in advance. The more complex the case, the longer it is going to take for the process to begin. Even when it begins, it still takes time to gather evidence and create the best strategy for your case.

Choosing Between Settlement and Trial

The majority of wrongful death lawsuits settle without going to trial. This is a faster route than having to go through the process of a trial. It is important that you work with a lawyer before you make any decisions on a settlement. In a lot of cases, the other side will try to offer an unfair settlement. Remember that the other side will want to pay as little as possible. it is crucial that you receive a fair settlement. Your lawyer can help you to determine if you should go to trial or not. If you go to trial, it will naturally take longer.

Whenever you are dealing with the court system and lawsuits, you have to expect that it is going to take some time. It is difficult to give a fair estimate of how long your case will take. The above factors will influence your situation. For more information, consult with a wrongful death lawyer, like a Wrongful Death Lawyer in Salt Lake City, UT, as soon as possible.

 

Thank you to the experts at Rasmussen & Miner for their insight into wrongful death and the law.

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