How Long Can a Wrongful Death Lawsuit Take? A wrongful death lawsuit can take anywhere from a few weeks to a few years to settle, depending on your case.

How long a wrongful death lawsuit takes rests on the details of your case. When you enter the litigation process, there is no timeline that dictates how long you have to resolve your legal matter.

Some elements that can factor into how long it takes to settle your case include:

  • The severity of your injuries
  • The amount of money in question
  • Who the liable party is
  • What factor contributed to your loved one’s passing
  • The willingness of the negligent party to settle

The American Bar Association notes that many personal injury claims are settled before going to court. This is because claimants either drop their case or reach a settlement agreement with the other party without the need for litigation. If you take your claim to trial, it can result in your case taking longer to resolve, as jury selection and pre-trial motions can take time to complete.

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Only Qualifying Relatives Can File a Wrongful Death Claim

Florida Statute 768.19 notes that any “wrongful act, negligence, default, or breach of contract or warranty of a person” that results in someone’s death can be grounds for a wrongful death claim. This can happen in many different situations, including automotive collisions, medical malpractice, and slip and fall accidents.

Additionally, Florida Statute 768.21 outlines who is eligible to file a wrongful death claim on behalf of a decedent.

These include:

  • A surviving spouse
  • Children of the decedent
  • The parent of an adult or minor child
  • Any family members who are dependent on the decedent

The relationship a family member had with the decedent will factor into what they can claim as damages.

Recoverable Damages in a Wrongful Death Claim

The damages you are pursuing through the court system will factor into how long it takes for a wrongful death claim to settle. The state of Florida is very transparent about what type of damages you can recover through a civil action. For example, a spouse can recover damages for loss of consortium while a child can recover damages for loss of parental guidance.

Under Florida Statute 95.11, you have two years from the date of your loved one’s passing to take your wrongful death claim to court. In many situations, if you do not act within this period, you will not be able to have your case heard by a judge.

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Call the Law Offices of Anidjar & Levine Today

While each case is unique, the length it takes to settle your claim depends on several factors. At the Law Offices of Anidjar & Levine, we understand that while grieving the loss of a loved one, you likely do not want to undertake any legal burdens alone. When you allow us to manage your wrongful death claim, we can advise you on your legal options and keep you updated on your case’s progression.

To learn more about how long it takes to settle a wrongful death lawsuit, call the Law Offices of Anidjar & Levine today at 1-800-747-3733.