How Long Does It Take To Settle Wrongful Death Claims?

Legally Reviewed and Edited by: Terry Cochran

The death of a loved one is a painful experience, and when that loss happens due to someone else’s negligence, the grief can feel even more overwhelming. While dealing with immense emotional pain, many families are also left managing financial and legal complexities they never expected to face.

Amidst the grieving process, questions about covering immediate expenses, understanding legal options, and seeking justice naturally arise, adding another layer of stress.

For those navigating these challenges, a civil settlement can be a vital source of support, but one of the first questions often asked is, “How long do wrongful death cases take?” The answer depends on the details of the case, the compensation you’re seeking, and the effectiveness of your legal representation.

Learn what to expect in a wrongful death claim and how long each step may take. Our experienced wrongful death attorneys at Cochran, Kroll & Associates, P.C., can offer compassionate guidance to help your family work toward a timely resolution and necessary financial support.

What Is a Wrongful Death Claim?

A wrongful death claim allows family members to seek compensation when a loved one’s death was caused by someone else’s negligence or wrongful actions. This type of civil lawsuit can provide financial relief for losses, such as medical bills, funeral expenses, and loss of companionship.

Wrongful death claims typically arise from situations like medical malpractice, where a healthcare provider’s error leads to a fatal outcome, or from accidents, such as car crashes involving reckless or drunk driving.

Who Can File a Wrongful Death Claim in Michigan?

In Michigan, the right to file a wrongful death claim is reserved for the deceased person’s personal representative or executor of their estate. This individual may be named in the deceased’s will or appointed by the probate court if no designation exists.

While only the personal representative can legally file the claim, the compensation sought through the lawsuit is intended to benefit the deceased’s surviving family members. They are required to notify all eligible family members within 30 days so that they can participate in the proceedings. These individuals can include:

• The deceased’s spouse
• Children, including stepchildren
• Parents and grandparents
• Siblings
• Any other individual who was named in the deceased’s will or was financially dependent on them

Filing Deadlines in Michigan

Part of understanding how long a wrongful death case might take is the timeframe you have to start the claim. In Michigan, the personal representative generally has three years from the date of the deceased person’s death to file a claim. Failing to file within this period can result in the forfeiture of the right to seek compensation, as Michigan courts are unlikely to hear claims brought after the deadline.

For instance, if someone passes away from medical negligence long after the initial incident, the family may have an extra six months to file after discovering the cause. In product liability cases, the statute of limitations may start from the time the product’s harmful effects were discovered rather than the date of death.

To help understand these timelines, consult with the wrongful death attorneys at Cochran, Kroll & Associates, P.C. We will guide you through these specific filing windows, explain the timeline to a possible resolution, and ensure your claim meets all deadlines.

How Long Do Wrongful Death Cases Take? A Typical Timeline

Wrongful death claims may take several months to years to resolve, depending on the case details. Several factors can affect the timeline for settling a wrongful death claim:

Wrongful death cases require multiple steps and legal procedures to protect both parties’ rights and ensure a fair outcome. Here’s a quick look at the process involved in a wrongful death claim:

• Consulting a wrongful death attorney. A skilled wrongful death attorney can assess the case, help determine the responsible parties, and advise on the potential compensation amount. An attorney’s guidance is crucial in navigating the legal landscape and protecting the family’s rights.
• Investigation and evidence gathering. Work closely with your attorney to collect critical evidence, such as medical records, witness accounts, and accident reports. In cases like medical malpractice, expert testimony can help show how negligence led to the loss.
• Establishing liability. Proving liability is a critical aspect of any wrongful death case. For example, in a wrongful death case involving a car accident, evidence such as skid marks, black box data, and police reports may be used to demonstrate fault.
• Calculating damages. Determining the amount of compensation can be challenging, as wrongful death damages encompass economic and non-economic losses. Economic losses include measurable costs like medical bills, funeral expenses, and lost wages. Non-economic damages involve loss of companionship, emotional distress, and pain and suffering.
• Negotiation and settlement. Once a claim is filed, the negotiation process begins, usually with the responsible party’s insurance company. An experienced wrongful death attorney will negotiate to reach a fair settlement that fully compensates your family for their loss. However, if negotiations stall, the case may proceed to court.

The Role of Eileen Kroll’s Medical Expertise in Wrongful Death Claims

With her background as a registered nurse, senior partner Eileen Kroll offers an advantage in wrongful death cases. Her medical knowledge allows her to review medical records thoroughly and collaborate effectively with medical experts to build a solid case.

Eileen’s expertise is especially valuable in complex medical or malpractice cases. It allows her to interpret medical jargon, evaluate treatment protocols critically, and advocate powerfully for her clients to maximize compensation.

When Do Wrongful Death Cases Go to Trial?

Most wrongful death cases settle before reaching court, as trials can be costly and time-consuming for all parties involved. However, certain situations may lead to litigation, such as:

• Disputed liability. If the responsible party denies fault or there is insufficient evidence to prove negligence, the case may go to trial.
• Disagreement on compensation. In cases where the insurance company offers an unreasonably low settlement, taking the case to court may be necessary to secure fair compensation.
• High-profile cases. Some wrongful death cases attract public attention or involve significant damages, which may lead both parties to prefer a court decision over a private settlement.

Possible Compensation in Wrongful Death Settlements

Wrongful death settlements aim to provide financial support to the deceased’s surviving family members and cover various damages, including:

• Medical expenses. Costs incurred due to the deceased’s medical treatment before their passing.
• Funeral and burial expenses. Costs related to the funeral, burial, or cremation of the deceased.
• Lost income and benefits. Financial support the deceased would have contributed to their family if they were still alive.
• Loss of companionship and emotional suffering. Non-economic damages for the emotional pain and suffering endured by family members due to their loved one’s death.

Factors That Can Prolong Wrongful Death Settlements

Certain factors can delay the settlement of wrongful death cases, including:

• Multiple defendants. Cases with more than one responsible party, such as multi-vehicle accidents or corporate-related incidents, often require additional coordination. Each party may have its own legal team, insurance coverage, and defense strategy, creating added layers through which to negotiate. This can extend the timeline as each defendant’s involvement is examined and liability is assigned.
• Ongoing criminal investigations. When a wrongful death incident also involves a criminal investigation, the civil case may be delayed until the criminal proceedings conclude. Courts often prioritize criminal cases, meaning the wrongful death claim may not proceed until all criminal evidence has been reviewed. If the defendant is found guilty in the criminal case, this outcome may support the wrongful death claim in civil court.
• Complex medical evidence. Cases involving medical malpractice, birth injuries, or other technical medical issues may need in-depth analysis of medical records, treatment protocols, and expert testimony. Gathering this evidence and preparing it for court often involves consultations with medical professionals, which can extend timelines.
• Insurance disputes. In many wrongful death cases, the responsible party’s insurance company is heavily involved in the settlement process. However, insurers often try to limit their payouts or dispute the claim’s value. When they challenge compensation or question liability, it can result in lengthy negotiations, delaying a fair resolution.
• Court scheduling and backlogs. If settlement efforts fail and the case goes to trial, court scheduling could create additional delays. Heavy caseloads, limited court availability, and occasional rescheduling due to procedural matters can push trial dates back—sometimes months or even years.

Tips for Speeding Up a Wrongful Death Settlement

While wrongful death cases can be lengthy, there are steps families can take to help expedite the process:

• Collect documentation early. Gathering essential documents, like medical records, police reports, and witness statements, from the start can help prevent delays down the line.
• Work with experienced legal representation. Engaging an experienced wrongful death attorney with a proven track record in similar cases can help streamline the process. Attorneys with medical backgrounds, such as Eileen Kroll, provide valuable insights that can drive the case forward more efficiently.
• Cooperate with the legal process. Remaining engaged, responding quickly to requests, and collaborating closely with your attorney can help avoid unnecessary delays.

Schedule Your Free Consultation Today

While nothing can replace the loss of a loved one, a wrongful death settlement can provide essential financial support to your family and help hold the responsible parties accountable. The timeline for wrongful death cases varies, but an experienced attorney can provide peace of mind, protect your rights, and help you honor your loved one’s memory.

If you’ve lost a loved one and are considering a wrongful death claim, contact our team today for a free case review. We can help you understand how long your wrongful death case may take and help you recover the compensation your family deserves.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.