You should expect the timeline of a wrongful death case to span between one and three years, sometimes longer. It starts with a pre-suit investigation and resolves with negotiations or a civil trial. It is usually wise to work with a personal injury lawyer.
An attorney can help you manage your case and will deal with insurance companies on your behalf. Losing someone to another person’s negligence is painful enough without facing a legal process you don’t fully understand.
Our wrongful death lawyers in Fort Lauderdale have recovered more than $250 million on behalf of accident victims and their families. If you have lost a loved one and you believe a wrongful death lawsuit is warranted, call today to schedule your free consultation.
Pre-Lawsuit Investigation
Your attorney will collect evidence before filing your lawsuit. This may include things like police reports, witness statements, and surveillance footage. The investigation phase usually takes two to six months.
Our legal team may refer to experts during this stage to reconstruct the accident or review medical decisions. Their findings help establish that someone else’s negligence caused the death.
Florida law requires the personal representative of the deceased person’s estate to file the claim. Identifying the right person for that role is part of the pre-suit process. Getting this sorted early prevents unnecessary delays down the road.
Demand Letter and Negotiations
After the investigation phase is complete, your attorney will send a demand letter to the at-fault party. The letter outlines what your family is seeking in compensation for the wrongful death and formally opens the door to settlement talks.
The insurance company will review the demand and respond, often with a lower counteroffer. Our attorneys will negotiate on your behalf using the evidence gathered during the investigation. This back-and-forth can take weeks or several months.
Many cases resolve at this stage without ever going to court. A settlement here saves time and gives your family more control over the outcome. If the insurance company refuses to offer a fair amount, the next step is filing a lawsuit.
Filing of a Civil Lawsuit
If negotiations aren’t successful, your attorney will file a formal complaint in the appropriate Florida court. Filing officially starts the litigation clock.
Florida gives families two years from the date of death to file a wrongful death lawsuit, according to Florida Statutes § 95.11. Missing that deadline almost always ends your case. Your attorney will track this deadline from day one and make sure the filing happens on time.
After the complaint is filed, the defendant typically has between 20 and 40 days to respond. Their response may admit some facts and deny others. From there, the case moves into the discovery phase.
Discovery and Litigation
Discovery is the process where both sides share information. Your attorney will ask for documents and set up depositions, while the defense will do the same. This phase usually lasts from three to twelve months.
Depositions are interviews conducted under oath and recorded. Your attorney might interview the defendant, eyewitnesses, or expert witnesses. The defense is likely to interview surviving family members and any experts your side plans to call during the trial.
The evidence gathered during discovery shapes the rest of the case. It often reveals how strong the defense’s position is and what they are willing to accept in a settlement. Your attorney will use what comes out of discovery to sharpen your legal strategy.
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Mediation
Before a case goes to trial, Florida courts typically require the parties to attempt mediation. A neutral third party, called a mediator, meets with both sides and helps them work toward a settlement. Meditation usually takes between one and two months.
Mediation is confidential and less formal than a courtroom proceeding. The defense may come in with a low opening offer. Our attorneys will push back using the evidence and the full picture of your family’s losses.
The goal is to reach a number that fairly reflects what your family has been through. Many wrongful death cases settle at mediation. If both sides reach an agreement, the case ends there.
The Civil Trial
If your case reaches trial, your legal team will make your case before a judge and jury. You can expect trial timelines in wrongful death cases to last several days to several weeks.
Your attorney will present evidence showing that the defendant’s negligence caused the death and that your family suffered measurable losses. The defense will challenge that evidence and offer its own version of events. The jury weighs both sides and delivers a verdict.
Even after a verdict, the losing party may file an appeal. Appeals can extend the timeline by months or longer. When you choose a personal injury lawyer with experience, you’ll know what to expect.
Learn What to Expect Regarding Your Wrongful Death Case Timeline
The timeline to expect for your wrongful death claim can extend to more than three years. It begins with an investigation and ends with a settlement or jury trial. Florida law dictates who can file a wrongful death lawsuit, and you must do so within a designated statute of limitations.
At Blakeley Car Accident & Personal Injury Lawyers, our team has more than four decades of combined legal experience. We are a legal family committed to serving others and winning cases. Call today for your free consultation.
