When you lose someone you love due to someone else’s negligence, taking legal action can feel like too much more to bear. However, many families need the settlement from a wrongful death suit to cover the cost of their loved one’s funeral, burial, and medical bills. They may also need to cover the gap in household income if their lost loved one was helping them out financially.
One of the most common questions clients ask our New York City wrongful death lawyers is, “How long does a wrongful death lawsuit take?” The answer depends on several factors. Rest assured, when you work with Lambrou Law, our legal team works quickly to settle your claim, sparing you the stress of a prolonged legal battle.
How long does a wrongful death lawsuit take to settle? Factors to consider
The stronger and more objective the facts in your case, the faster and easier it is to settle. Complex cases and those with multiple defendants tend to take longer. For example, a truck driver and a trucking company may both be defendants in commercial vehicle collision cases. Just like a doctors and the hospital they committed malpractice in can also be defendants in medical malpractice cases..
Wrongful death cases are civil claims not criminal cases. They require evidence to find the defendant liable for the plaintiff’s harm. While this is a lower threshold than criminal cases, wrongful death claims do require solid evidence and a case based on solid points of New York tort law.
In some cases, the fault for the deadly incident is obvious. When fault is disputed, the case can take longer and could go to trial. If the defendant’s insurance company isn’t convinced that its client is at fault for the incident, it may take its chances in court.
Other factors affecting the time it takes your case to conclude are practical. One of those factors is how busy the Courts are in the five boroughs that make up New York City, like New York County, Bronx County, Kings County, Queens County, or Richmond County.. If there’s a backlog of civil case, then the litigation process required to advance your case and schedule a trial could take longer than desired.
Should I settle my wrongful death case or take it to trial?
A settlement isn’t the only possible conclusion for a wrongful death claim. If your NYC wrongful death lawyers like Lambrou Law, can’t secure a fair settlement in negotiations with the other party, then a trial may be your only recourse.
Or, perhaps your attorney believes that punitive damages are appropriate. Punitive, or exemplary, damages are punishing in nature. They’re assessed when your attorney wants to set an example to other parties who would be tempted to engage in similar negligent or malicious behavior. You may be eligible if your lawyer believes that the defendant’s actions were egregiously negligent and that they deserve to be financially punished. However such damages are rare in New York City cases.
Do you need help with a wrongful death claim?
If you lost someone you love due to the negligence of another person or entity, you have the right to file a wrongful death suit against that party. An NYC wrongful death lawyer can help you, but you must act fast—New York sets a statute of limitations of just two years from the date your loved one died to file your claim. The legal team at Lambrou Law can help you. Contact us today at (212) 285-2100 for a free consultation.
