In her book, “On Death and Dying,” Dr. Elisabeth Kubler-Ross details the five stages of grief over the death of a loved one as: denial, anger, bargaining, depression, and acceptance. While there is no timeline for how someone processes their grief, coping with what is considered a wrongful death can compound that process.
Filing a wrongful death case can help a family find closure. Before filing, it is essential to understand how long a wrongful death lawsuit takes, though.
Wrongful Death Lawsuit Requirements
Filing this type of lawsuit begins with aligning with the definition of wrongful death. This is how the West Virginia Legislature defines the action: “Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter.”
There are also requirements about who can be named as the plaintiff in a wrongful death lawsuit. The following individuals are eligible:
- Surviving spouse
- Children (including adopted and stepchildren) of the deceased
- Parents of the deceased
- Siblings of the deceased
- Any family members of the deceased who were financially dependent on the deceased at the time of death
There is also a statute of limitations regarding when to file the lawsuit. In West Virginia, you have two years from the date of the death to file your suit. That is why discussing your concerns early on with an experienced wrongful death lawsuit attorney in Charleston is important.
Lawsuit Timeline
Every lawsuit will play out over a different amount of time. However, many steps in the process are shared with each lawsuit. Here’s how your wrongful death lawsuit can play out:
Initial Consultation
You’ll begin the process by having a consultation with a legal team. If they agree that there is merit in bringing this action, you’ll enter into a formal retainer agreement that spells out the fees and ways you’ll communicate with your team.
Insurance Negotiations
The first path for finding a remedy in a wrongful death claim is to speak directly to the at-fault party’s insurance carriers. Your lawyers will present you with the amount you agreed to as fair compensation. The insurance company will accept, reject, or negotiate. Most often, it will be the latter option, and those negotiations could take anywhere from several weeks to months to reach a settlement.
If the insurance company rejects the content of the claim or the damages number, the next option is to file a lawsuit.
Filing the Claim
The official lawsuit process begins with filing the claim with the appropriate court. Once filed, the other parties will be put on notice. Your lawsuit will be assigned to a judge who will set a schedule for all that will follow.
Remember that once you file, you lock in your statute of limitations time. In other words, if you file within the two-year limit, your lawsuit can take as much time as necessary to resolve the matter.
Investigation
As the scheduling is worked out with the courts, your legal team will begin to build their case by gathering evidence such as medical records and police reports (if relevant) and taking depositions from all the supportive parties and witnesses involved with the claim.
Trial Preparation
When the trial date is set, your attorneys will work with all their experts and witnesses to get them ready to testify and prepare them for cross-examination. This is also when any visual elements to present to the jury will be prepared.
Settlement Discussions
There could be a settlement discussion at any point during the trial preparation or the actual trial. When the defendant is presented with all the evidence against them, they might want to settle before going to a jury that could award a much more significant amount. Case in point: a $1 million settlement was reached in July 2024 for a death in February 2023. WCHS TV details how this suit was brought against the West Virginia State Police and resolved even though there were no criminal charges.
Trial
If the trial moves forward, the burden of proof will be on you as the plaintiff. Your lawyers will present all the evidence, and the defendant will have the opportunity to cross-examine the evidence. After the plaintiff’s side rests, the defense can put on their case. However, because the plaintiff has the burden of proof, the defense does not have to present the case.
At the conclusion of the case, the jury will decide on the outcome, including the potential rewards. If they find in favor of the plaintiff, the defendant has the right to appeal. That could mean several more months of legal maneuvering. In an effort to bring the matter to a close, the defendant could also offer another settlement that is lower than the jury award.
Speeding Up the Lawsuit Process
Although waiting out the legal process with a wrongful death lawsuit can be challenging, you would be aided by having the Forbes Law Offices helm your case. Our office will devote their experience and skills to your case in the hopes of a fast and fair resolution for your claim. It all begins with a call to schedule a free consultation. We’re ready to hear from you.
