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November 14, 2020 by admin

Factors That Determine How Long Your Wrongful Death Case Will Last

Personal Injury Lawyer

One of the first things you might ask after deciding to pursue a wrongful death case is, “How long will the case last?” Unfortunately, there’s not a one-size-fits-all answer, as every case is different with a unique set of circumstances. One case could last six to nine months, and another could last three or four years. There are some factors you can look at that will help you determine the length of your case.

Liability

The court will probably take a nice long look at the individual or entity liable for your loved one’s death. You won’t have a case if nobody is determined to be at fault, so this can actually play in your favor. If there are multiple parties at fault, you may be able to sue all of the parties, possibly recovering more than if you were to only sue one party. While this is often a benefit to you and your family, it could take a while for liability to be settled on.

Discovery

Your lawyer and the opposing party’s lawyer will take some time to uncover evidence needed to prove the case. Your lawyer will probably collect medical statements, witness information, photographic evidence and other items that will help you prove the liable party caused your loved one’s death unnecessarily. The other party will also collect items to try and show he or she wasn’t at fault for any death.

During discovery, both parties are required to hand over all the documents, statements and admissions for the other party to read through. This helps both sides be prepared when they head to court. It could also help you and your lawyer discredit some of the “evidence” the other party presents.

Witnesses

It could take some time for witnesses to come forward in your wrongful death case. Perhaps someone is afraid of getting killed themselves. Perhaps he or she didn’t know exactly what happened, and doesn’t want to share the little bit of information he or she does know. Other witnesses might have trouble with the law and are afraid of coming forward, and others might be minors. All of these issues could delay a case, but there are ways around each of them.

Getting Your Case Started

As you can see, there are a lot of things that might make a case last longer or be resolved more quickly, and this is only the beginning. To learn more and to get your case started, contact a personal injury lawyer, like from Darrell Castle & Associates, today.

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