How Long Does a Wrongful Death Lawsuit Take?

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How Long Does a Wrongful Death Lawsuit Take?

Losing a loved one due to someone else’s negligence is a tragic experience, and you will address your losses through a wrongful death claim or case. If needed, a lawsuit will be filed to obtain fair compensation. While such compensation can do little to assuage your grief, it can provide you with the resources you need to continue moving forward. F

Your wrongful death case will be unique to the wide range of circumstances involved, but there are some indicators that can help you predict how long it will take to be resolved.

An important step you can take to help ensure that you receive just compensation is reaching out to an experienced South Carolina wrongful death attorney early in the process.

The Steps in a Wrongful Death Lawsuit

The basic steps in a wrongful death lawsuit include:

  1. Establishing the other party’s negligence in the matter – for example, negligence in fatal car accidents tends to take the form of distraction, impairment, excess speed, or exhaustion
  2. Gathering and analyzing the evidence in support of your strongest claim
  3. Negotiating with the involved insurance company for compensation that covers your losses in their entirety
  4. Proceeding to trial if the insurance company won’t engage in fair negotiations

Your dedicated wrongful death attorney is well prepared to take on each of these primary tasks skillfully.

How Long to Settle a Wrongful Death Claim: Keeping Yours on Track

Some of the factors that tend to slow down a wrongful death claim include having a great deal of evidence that needs to be carefully analyzed, including eyewitness testimony and the need for expert witnesses and accident recreation models. Further, some insurance companies are more prone to pushing the boundaries and attempting to delay the process to the degree possible.

Some tips for keeping your claim moving in the right direction include allowing your seasoned wrongful death attorney to handle the insurance company and working with your attorney to ensure that your losses are well-established and that the necessary documentation is organized and readily available.

You Need an Experienced South Carolina Wrongful Death Attorney on Your Side

The Law Offices of Steven M. Krause, PA have the experience, drive and compassion you’re looking for and welcome the chance to protect your legal rights in pursuit of the compensation you need and to which you are entitled. Learn more by contacting or calling us at 864-225-4000 today.

Wrongful Death Case FAQs

How long does a wrongful death lawsuit take?

Your wrongful death lawsuit will take as long as is necessary to resolve the matter fairly by allowing you just compensation, which can be from several months to a year or even two.

How long do I have to file a wrongful death lawsuit?

In South Carolina, you generally have three years from the date of your loved one’s accident-related death to file a wrongful death case. However, in some cases that time period is shortened to a lesser period of time. It is important to consult with an experienced wrongful death lawyer to make sure the suit is filed and your rights are preserved.

Who can file a wrongful death case?

The personal representative of the decedent’s estate files the case on behalf of the decedent’s survivors, who include (in order of priority):

  • The surviving spouse
  • The surviving children
  • The surviving parents
  • The surviving heirs – in accordance with South Carolina’s laws of inheritance


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