Settling a wrongful death case in Wisconsin can take several months or even years, depending on the specifics of the case. A Milwaukee wrongful death lawyer from our firm will advise you on how long your case could run and protect your rights as you seek justice for your loved one.
We understand the emotional and financial strain this process can cause, which is why we are committed to handling all aspects of your case as efficiently as we can. Our team will keep the process moving forward as we build a case for the compensation your family deserves.
What Factors Affect the Length of Time to Settle a Wrongful Death Case?
When determining how long it will take to settle a wrongful death case, several factors come into play. These can include:
- Complexity of the case: If the case involves complex legal issues or multiple parties, it can take longer to resolve. More investigation and expert testimony may be needed.
- Insurance companies: Negotiations with insurance companies can be slow. Insurance adjusters may attempt to settle quickly with low offers, requiring more time to reach a fair settlement.
- Court backlog: If your case goes to trial, the court’s schedule and backlog of cases may cause delays.
- Evidence collection: Gathering all the necessary evidence, such as accident reports, witness statements, and medical records, can take time, especially if there are disputes about the cause of death.
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Steps Involved in a Wrongful Death Case Settlement
To give you a better idea of the process, here’s a breakdown of the typical steps involved in settling a wrongful death case:
- The initial investigation: Our lawyer will collect evidence and investigate the circumstances surrounding the wrongful death.
- Filing the claim: The formal legal process begins once the claim is filed against the responsible party or their insurance company.
- Negotiation phase: Lawyers from both sides will negotiate settlement terms. This can be a lengthy process if the parties are far apart in their offers.
- Trial (if necessary): If negotiations fail, the case may go to court. A trial could extend the timeline significantly.
- Settlement or judgment: The case ends when a settlement is reached, or a judgment is made in court.
Can Working with a Lawyer Help Speed Up the Wrongful Death Settlement Process?
We can’t guarantee a specific timeline for these cases. However, our attorney can work to reduce delays and keep the settlement process moving forward.
We can streamline the process by:
- Handling all case communications: We will deal directly with insurance companies, preventing you from dealing with frustrating negotiations.
- Ensuring proper documentation: We will work to gather all the necessary documentation quickly and correctly, which can prevent delays. Evidence for your case may include medical records, police reports, witness statements, and expert testimony.
- Taking on insurance companies promptly: We have the resources to take on large insurance companies right away, so we can monitor the process and ensure they don’t stall the process with lowball offers or unnecessary delays.
- Managing court proceedings: If we must take your case to trial, we will make sure that everything is in order and that your case moves through the court system as efficiently as possible.
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What Is Wisconsin’s Statute of Limitations for Wrongful Death Cases?
In Wisconsin, the statute of limitations for filing a wrongful death lawsuit differs depending on the circumstances surrounding the death. For most wrongful death cases, the deadline is three years from the date of the deceased person’s death, per Wisconsin Statute § 893.54(1m)(a).
However, for fatal motor vehicle accidents, the statute of limitations is shorter—two years from the date of death, per Wisconsin Statute § 893.54(2m). If the wrongful death occurred as a result of a motor vehicle accident, you must file your lawsuit within two years, or your claim may be barred.
Given the time-sensitive nature of these claims, you must act quickly, or you risk losing your right to seek damages. We can advise you on any exceptions your case may involve that make the deadline longer or shorter. Don’t delay—the sooner you reach out, the sooner we can help you.
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What Happens if My Case Takes Longer than Expected?
If your case takes longer than anticipated, it’s important to stay patient. Here are a few reasons why a case may take longer:
- Liability disagreements: If there’s a disagreement about who is responsible for the death, it may take longer to settle.
- Health or financial issues: If there are ongoing medical expenses or unresolved health issues tied to the wrongful death, this can delay the final settlement.
- Court delays: If your case goes to trial, it can take longer to get a court date, especially if the court is backed up with other cases.
We will keep you updated and fight to keep the process moving as quickly as possible.
Get Answers About How Long It Takes to Settle a Wrongful Death Case
If you’re wondering how long it takes to settle a wrongful death case in Wisconsin, a Milwaukee personal injury lawyer at Gruber Law Offices can help. We understand the challenges that can arise after losing a loved one.
Our team of attorneys will work tirelessly to keep your case on track while we advocate for your recovery. Don’t let insurance companies delay your settlement or cause unnecessary stress.
Contact Gruber Law Offices today for a free consultation. We work on contingency, meaning you pay nothing up front. After you make One Call…That’s All, we will handle your case while you focus on healing.
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